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Do You Know What Is Article 35A?
Definition:
Under Article 35A, the Government of Jammu and Kashmir have the right to decide the definition of a permanent resident of the state. The definition of rights and special facilities to a permanent citizen can also be decided under Article 35A. This law was incorporated under the Presidential Order in 1954. The Central Government wants to remove this article 35A.
What is its history?
This provision was added to the Constitution of India under Article 370 in 35A. A special provision of Article 35A was added under the agreements reached in 1949 between the popular leader of Jammu and Kashmir Sheikh Abdullah and the then Prime Minister Jawaharlal Nehru. Raja Hari Singh was enforced in the early 20th century under Dogra rules related to permanent residents of Jammu and Kashmir. Jammu and Kashmir were under the monarchy till 1947 and was included in India under the Instrument of Assurance (IOA).
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Why is it being removed?
The reason for the removal of Article 35A is hidden that this article was not implemented through Parliament. With this, the refugees who came from Pakistan due to this article are still deprived of their fundamental rights. 80 percent of these deprived people are from the backward and Dalit Hindu community. Women living in Jammu and Kashmir say that if they marry a man from outside the state, despite being born here, then they should have the right to buy property in the state, keep ownership or give their ancestral property to their children. goes. Being married to an outsider ends his permanent citizenship of the state, which is not the case with men.
If the men of the state marry a woman of another state, then that woman also gets the status of a permanent resident of the state. In this way, Article 35A makes gender-based discrimination against the daughters of Jammu and Kashmir.
What is included in 35A?
According to the definition of a permanent resident of Jammu and Kashmir, ‘All such persons who have been born before 1911 in the state. All such residents who have settled in the state for 10 or more years and they are the legitimate owners of real estate in the state. All the migrants of the state, including those who have settled in Pakistan, are also considered as the subjects of the state. Under this, 2 generations of migrant citizens leaving the state were included.
This condition is necessary to be a citizen of the state
Under this law, people who are not permanent citizens of the state are not allowed to settle permanently in the state. State government jobs, scholarships and the right to buy and sell real estate are also available only to permanent citizens. Apart from this, the condition is that if the permanent citizen of the state marries a non-permanent citizen, then he deprives the state of all facilities. However, in 2002 the High Court changed this part of the law in a landmark judgment. The High Court declared that even if the women of the state marry non-permanent citizens, all their rights will remain lawful, but the children of such women will be deprived of the facilities provided to the permanent citizens.
What is article 370?
Jammu and Kashmir have been given special state status under Article 370. The powers of the central government are limited to defense, foreign affairs, and communication due to special status. Due to this special provision, a separate constitution of Jammu and Kashmir was implemented in 1956.
Article 35A Current Events
In 2014, an appeal was made to the Supreme Court regarding Article 35A. According to the petition, this law was added by order of the President and was never presented before Parliament. Kashmiri women also appealed against this law and said that it deprives their children of the right to permanent citizens. Currently, the petition filed against this law is pending in the Supreme Court, but the government can abolish Article 35A by making a law. BJP in its election campaign and election manifesto also announced to abolish article 35A.
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