JKSC 20-Aug-2015 |
Irrespective of the judicial fate of the writ petition, it is necessary to ponder over the question as to why did Sangh Parivar wait for sixty one long years to take such a step loaded with mala-fide intentions?
By Abdul Majid Zargar
A writ petition challenging Article 35A of Indian constitution has been filed before Supreme Court of India by a RSS backed think tank. It may be recalled that this article was inserted in the Indian constitution through a presidential order promulgated under clause (1) of Article 370 effective from 14th day of May 1954 to afford a protective shield to various rights bestowed by our own constitution on permanent residents of the State in matters of acquisition of immovable property, employment in State services, voting rights etc. etc. Once this shield is removed, these rights will become susceptible to many legal and political assaults which will ultimately pave way for entry of non state subjects into the state putting in motion a second demographic change, the first having been engineered by Sangh Parivar in Jammu region in 1947.
Irrespective of the judicial fate of the writ petition, it is necessary to ponder over the question as to why did Sangh Parivar wait for sixty one long years to take such a step loaded with mala-fide intentions? After all its think tanks and affiliated organizations could have done this job without being in power or alternatively it could have done so earlier when in power at centre, albeit in coalition with other political parties, collectively referred to as National Democratic Alliance. The question needs to be put to a wider debate because it affects every section of people of the State across board.
But before an informed debate is initiated, it is in order to put a word of clarification with respect to certain recent attempts by writers & columnists of comparing Article 370 with Articles 371 to 371E (special provision in respect of Maharashtra Gujarat and North eastern States). It needs to be reiterated that there is a vast difference between Article 370 & other articles like Article 371 to 371E in respect of both form and substance. While the articles 371 to 371E are titled "Special", Article 370 is titled "Temporary". The distinction needs to be noted as word "temporary" was only reserved for Article 370 dealing with J&K, the intent and purpose being to make this article co-terminus with final settlement of the Kashmir dispute. Another noteworthy distinction in respect of J&K is that this state has only acceded to India Union (The genuineness of accession itself is a separate debate) and not merged with it like all other states. That much has also been acknowledged and accepted even by former Union Home Minster Mr. Chidambram when the Sangh Parivar raised a hue and cry on this issue during UPA rule in not so distant a past.
Having made the distinction, it is important to take stock of important events happening in State after the present coalition of PDP & BJP took over reins of the Govt.
Put the above sequence of events in a perspective and a definite pattern emerges which makes it abundantly clear that Sangh Parivar has scripted a well crafted agenda to change the demographic character of the state second time by hook or by crook . The question as to why did it take so long to implement its agenda is explained by the fact of its having not-so-brute-majority in Indian parliament and absence of a willing partner at State level which it has found now in the form of PDP headed by Mufti Sayeed . New collaborators have been created in the state by the Sangh Parivar to lend a helping hand in furthering this agenda.
My fear, shared by many others, is that we are witnessing an era where even the higher Judiciary is influenced by ultra-nationalist propaganda and rhetoric. It is high time that people who have elected MLA's from PDP seek answers from them for playing this nefarious game and sooner it is done, the better it is.
(The author is a practicing chartered Accountant. E mail: [email protected])