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Art 35-A row: SC to take ‘in-chamber’ decision on listing of plea

Press Trust of India

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New Delhi, Jan 22: The Supreme Court on Tuesday said it would take an “in-chamber” decision on listing of a petition challenging the constitutional validity of Article 35-A, which provides special rights and privileges to permanent residents of Jammu and Kashmir. Advocate Bimal Roy Jad mentioned the matter before the bench headed by Chief Justice Ranjan Gogoi and also comprising Justices L Nageswara Rao and Sanjiv Khanna.
He sought urgent hearing of the petition, filed by ‘We The Citizens’, saying the court had earlier ordered listing of the matter in the second week of January.
In August, the apex court adjourned hearing on a batch of petitions challenging Article 35 A till January this year, after taking note of submissions of the Centre and the state government that there was a law and order problem in the state.
Article 35-A, which was incorporated in the Constitution by a 1954 Presidential Order, accords special rights and privileges to the citizens of Jammu and Kashmir and bars people from outside the state from acquiring any immovable property in the state.
The apex court had on August 31 deferred till January the hearing on the pleas challenging the constitutional validity of Article 35 A, which provides special rights and privileges to natives of Jammu and Kashmir, after the Centre and the state said that polls to local bodies polls there would go on till December.
Earlier, Additional Solicitor General Tushar Mehta had said that certain aspects of Article 35A needed to be debated upon and said, “It can’t be denied that there is an aspect of gender discrimination in it (Article 35A).”
On August 6, the apex court had said that a three-judge bench would decide whether the pleas challenging Article 35A should be referred to a five-judge constitution bench for examining the larger issue of alleged violation of the doctrine of basic structure of the Constitution.
Several petitions including by political parties like the National Conference and the CPI-M, have also moved the Supreme Court in support of Article 35-A that empowers the state assembly to define “permanent residents” for bestowing special rights and privileges to them.

 

‘JK women marrying non-natives don’t lose residency rights’

 

Srinagar, Jan 22: Women hailing from Jammu and Kashmir who choose to marry men from outside the state do not lose their residency and inheritance rights under Article 35-A of the Constitution, a top legal expert said on Tuesday.
“This issue was settled by a full bench of Jammu and Kashmir High Court in the case titled State and others vs Dr Susheela Sawhney and others in October 2002 by striking down the proviso of the state subject (permanent residency) law according to which women marrying outsiders would lose their permanent resident status,” former advocate general of Jammu and Kashmir government Ishaq Qadri said.
The bench, in the landmark judgment on 7 October 2002, held by a majority view that the daughter of a permanent resident of Jammu and Kashmir will not lose her status as a permanent resident upon her marriage to a person from outside the state.
Qadri’s remarks come after the Supreme Court said earlier on Tuesday it would take an “in-chamber” decision on listing of a petition challenging the constitutional validity of Article 35-A, which provides special rights and privileges to permanent residents of Jammu and Kashmir.
He said the then PDP-Congress coalition government challenged the verdict in the Supreme Court but later withdrew its petition.
“Then law minister Muzaffar Hussain Beigh brought Jammu and Kashmir Permanent Resident Status (Disqualification) Bill 2004 in the state legislative assembly and it was passed by the lower house in March 2004,” the former advocate general said.
“Since it was a Constitutional amendment bill, it needed two-thirds majority to be passed. The National Conference, which was in the opposition, supported it, ensuring the passage of the bill in the assembly,” Qadri said.
Had the bill passed the scrutiny of the legislative council — the upper house of the state legislature — and got the governor’s assent, the women marrying men outside the state would have lost their status as permanent residents, he added.
However, there was an outcry against the bill, mainly in the Jammu region.
It was taken up for discussion in the legislative council but the then chairman Abdul Rashid Dar adjourned the House sine die without taking a vote on it, Qadri said.
“As A result, the bill lapsed and it was never reintroduced,” he said, adding that the high court ruling on the permanent residency rights of women marrying outside the state stands as on date.
Article 35-A was incorporated in the Constitution in 1954 by an order of President Rajendra Prasad on the advice of the then Cabinet headed by Jawaharlal Nehru.
In the previous hearing of the petition filed by NGO ‘We The Citizens’, a lawyer had given an illustration and said if a native woman of the state married an outsider, she loses several rights, including property rights, in the state, but if a man marries a Pakistani woman, he and his spouse get all rights.
Additional Solicitor General Tushar Mehta, who is representing the Jammu and Kashmir government in the apex court, had agreed to the contention that Article 35-A and certain aspects needed to be debated upon.
He said, “It can’t be denied that there is an aspect of gender discrimination in it (Article 35A).”


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Azad on Jharkhand lynching: Keep new India with you, give us old India

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New Delhi, Jun 24: Coming down heavily on the government over recent incidents of lynching and crime in Jharkhand, leader of Opposition in Rajya Sabha Ghulam Nabi Azad on Monday said the state has become a factory of lynching and violence, “requesting” Prime Minister Narendra Modi to “give us our Old India where there was love, culture.”

“Dalits and Muslims are killed there every week. The PM, we are with you in the fight of ‘Sabka saath sabka vikas’, but it should be there for people to see it. We can’t see it anywhere,” Azad said in Rajya Sabha.

“I request you to keep the New India to yourself and give us our Old India where there was love, culture. Hindus used to feel the pain when Muslims and Dalits used to get hurt. When something used to get into the eyes of Hindus, Muslims and Dalits used to shed tears for them,” he added.

 

“In Old India, there was no hatred, anger or lynching. New India is one where humans are enemies of each other. You won’t be scared of animals in a jungle, but you’ll be scared of humans in a colony. Give us India where Hindus, Muslims,Sikhs and Christians live for each other,” he said.

In yet another lynching incident, a Muslim man was beaten up mercilessly for over 18 hours on the suspicion of theft in Jharkhand’s Kharsawan district on Saturday. The 24-year-old victim, identified as Tabrez Ansari, was attacked by a mob on June 18 and was later handed over to the police. He had been in the judicial custody since June 18 and was taken to a hospital on June 22 after his condition deteriorated. On the same day, Ansari succumbed to his injuries at the hospital.

Several videos of the incident emerged on social media show a man hitting Tabrez brutally with a wooden stick while forcing him to chant “Jai Shri Ram” and “Jai Hanuman”. The videos of the Jharkhand mob lynching case have gone viral on social networking sites ever since the incident came to the light.

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GoI approves amendments to give more teeth to NIA

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New Delhi, Jun 24: The Union Cabinet is learnt to have approved a proposal to amend two laws to give more teeth to the NIA in probing ‘terror’ cases in India and abroad, sources said Monday.

Separate bills will be introduced in Parliament in the coming days to amend the National Investigation Agency (NIA) Act and the Unlawful Activities (Prevention) Act, they said.

The amendments will also allow the NIA probe cybercrimes and cases of human trafficking, sources aware of the proposal said.

 

Amendment to Schedule 4 of the UAPA will allow the NIA to designate an individual suspected to have ‘terror links as a terrorist’. As of now, only organisations are designated as ‘terrorist organisations’.

The NIA was set up in 2009 in the wake of the Mumbai attack that had claimed 166 lives.

Since 2017, the Union Home Ministry has been considering the two laws to give more power to the NIA to meet fresh challenges, the sources pointed out.

Another proposal to introduce a bill to extend the facility of proxy voting to overseas Indians could not be taken up Monday.

A similar bill had lapsed following the dissolution of the 16th Lok Sabha last month.

“The agenda of the Law Ministry stands postponed,” a functionary said.

As of now, overseas Indians are free to cast their votes in constituencies they are registered.

The Bill seeks to give them the option of proxy voting, which is as of now available to service personnel only.

Another proposal to amend the Representation of the People Act related to the spouses of service voters could not be taken up on Monday.

As of now, an armyman’s wife is entitled to be enrolled as a service voter, but a woman army officer’s husband is not, according to the provisions in the electoral law.

The bill proposes to replace the term ‘wife’ with ‘spouse’, thus making the provision gender-neutral. Members of the armed forces, central armed police forces, personnel of state police forces posted outside their state and employees of the Centre posted outside India are eligible to be enrolled as service voters.

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Youths click selfies, walk alongside Leopard in Kishtwar

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Srinagar, Jun 24: Pointing towards the increasing man-animal conflict is J&K, a video that went viral on Monday shows a few youth carelessly walking right alongside a leopard on a tarred road while clicking photos and videos in some mountainous region.

The incident reportedly took place in Chingam area of Kishtwar district. The video shows at least three youth audaciously ambling near the leopard that, surprisingly, isn’t aggressive.

The incident comes to the fore      days after days after two leopards were spotted in residential areas of Budgam and Srinagar.

 

Deputy conservator of forests, wild life division, Kashmir, Rouf Zargar had told The Kashmir Monitor that one female leopard and an adult cub were spotted at Ompora, Budgam.

“They were spotted in the adjacent villages of Budgam and Airport. We are doing our best to trace them. Till the time we catch those, people should refrain from moving out during nights and in the wee hours,” he said.

There has been a spike in man-animal conflict in the last few years with several incidents of attacks by bears and leopards taking place in multiple areas of the valley.

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