Hyderabad: Lieutenant General (Dr) Mohan Bhandari (Retired) served for 15 years in the Valley in various capacities for the Indian Army. The retired officer was part of the 1971 Indo-Pak and the 1999 Kargil war. He commanded the battalion at Siachen, besides the RR sector in Kupwara district of Kashmir. He is the author of the book ‘Solving Kashmir’ and was the commandant of the famous 15 division in Baramullah, one of the hotbeds of terrorist activity. The retired army man spends most of his time in Kashmir to learn about the growing issues. He speaks to Deccan Chronicle on Article 370 & 35A.
Abrogation of Art 370 & 35A was much awaited since the former was a ‘temporary provision’ giving special autonomous status to J&K. It was done under Part XXI of the Constitution of India as a temporary, transitional and special provision.
Art 35A was an article empowering the State of J&K to define ‘permanent residents’ of the state, as well as to provide special rights and privileges to those permanent residents. This was added to the Constitution through a Presidential order. It was issued on May 14, 1954.
Art 35A was not added to the Constitution via Art 386 of the Constitution that provides for amendments. It would be right to state that this action of the then President Dr Rajendra Prasad is allegedly ultra vires the basic structure of the Constitution. Probably former Prime Minister Jawaharlal Nehru and Mohammed Abdullah Sheikh (prime minister and head of government - from 1965 called chief minister) of J&K, prevailed upon the President who, surprisingly, was himself an eminent advocate from Patna. Further, it violates Art 14 of our Constitution-Equality before Law.
Rights of women — a woman marrying a man who is not a permanent resident of J& K loses all rights to property and her children are denied rights of citizenship in of J&K.
Depriving SCs and STs of their rights who have lived there for generations like safai karmacharis to only do this job.
Children of non-state subjects are not given admission in state-run schools/colleges.
Lakhs of refugees from West Pakistan are still languishing in Jammu and around, without being given voting rights for the State Assembly and no permanent resident status. No government jobs to others who are not permanent residents.
Preferential treatment to State subjects.
Art 370 enacted on November 26, 1949.
Since Art 35A flows inexorably from the above — both have become null and void.
Art 35A protected the demographic status. Today, after the ethnic cleansing of Hindu Pandits, the Valley has 98 per cent Muslims with about 45,000 Sikhs, 3,500 Hindus and a sprinkling of Christians and Buddhists. However, the Hurriyat, National Conference, PDP, and Congress parties are up in arms.
Abrogation of Article 370 is an extremely bold step which could have been taken by earlier governments but they lacked the political will.
Enough security forces are deployed in the Valley and these shall continue to stay there.
Minor protests may take place instigated by political parties. Suicide bomb attacks may occur and security forces will be the prime targets. The Line of Control has become very active. Pakistan and its Inter Services Intelligence will increase infiltration. Armed Forces are given a free hand to retaliate at places and time of their choosing.
Overall, it is a great step. The Pakistan media has called the Indian move a slap on the face of Trump.
