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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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In times of hatred, Sikh brethren’s efforts spread positive vibes

Mudassir Kuloo

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Srinagar, Feb 20: With Kashmiris facing the heat following the suicide attack in Pulwama, Sikh groups have come to the rescue of Valleyites putting up in various parts of India.

In the aftermath of Lethpora incident in which 49 CRPF troopers were killed last week, there has been a spate of attacks against Kashmiris in Jammu and other parts of India.

Facing threats and harassment, Kashmiris have been forced to leave their education and businesses midway and make efforts to return home.

 

In these times of worry, Khalsa Aid International, an NGO, has reached out to the distressed students and offered them all possible help.

At least 30 Sikh youth associated with the NGO, have been helping Kashmiris in various parts.
“We evacuated scores of Kashmiris from Dehradun to Mohali and then to Jammu in the past three days. We transported first batch of 100 students and another of 150 from Dehradun to Jammu with proper security. At least 70 more students are on the way to Jammu,” Jeevanjyot Singh, who is associated with Khalsa International told The Kashmir Monitor.

“Eight Kashmiri girls were also sent to Srinagar by air after rescued from Dehradun,” he said.
Jeevanjyot said that Kashmiri students were feeling safe in Punjab.

“They are also provided accommodation at a Gurduwara in 3D1 sector Mohali arranged by the Gurudwara committee,” he said.

The group has provided several helpline numbers for Ambala, Chandigarh and Dehradun.

The role of Sikh youth has been well appreciated on social media in Kashmir and elsewhere.

“The Sikh sangat has gone above & beyond the call of duty in reaching out & helping Kashmiris in distress, whether in Jammu or outside the state,” former J&K CM, Omar Abdullah tweeted on Wednesday.
Mehbooba Makhdoomi, a prominent columnist and researcher, wrote: Kashmir pays gratitude to Sikh community in general & @Khalsa_Aid International in specific for coming to our rescue, at a time when it mattered. “He who does not thank people, does not thank Allah”. Will protect you with our blood, if, God Forbid, the need arises.”
Shinjini, a Twitter user wrote: “These @khalsa guys restore my faith in humanity. At a time when most of the country is going cuckoo, these guys are quietly doing what’s necessary.”

Kabir, a former JNU student, tweeted: “Salutes to @khalsa-Aid, when the streets across India are resonating with hate and malice, the gallant Sikhs came to the rescue of Kashmiris.”

A group of Sikhs from Tral Pulwama have also started free Langer and accommodation for Kashmiris near Jammu bus stand.

“We also have a group of volunteers from Jammu and have been providing all possible help to Kashmiris and many were rescued from mobs,” a Sikh volunteer from Tral told The Kashmir Monitor.

Similarly, the Sikh groups have arranged accommodation at various places in Chandigarh and Jammu for Kashmiris.

One of the students, who returned from Dehradun, said, “Our college authorities told us to leave saying when things get normal they will call us back. There was no safety for us and the crowd outside the campus threatened to beat us up.”

“The state government should make concrete efforts to ensure the safety of Kashmiris, he said adding: “Sikhs really played an important role in rescuing Kashmiri youth from the goons”.

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Two Kashmiri shawl vendors attacked on train

Press Trust of India

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New Delhi, Feb 20: Two Kashmiri shawl vendors have claimed they were beaten up and called “stone pelters” by unidentified men on a train, forcing them to cut short their business trip to Rohtak, officials said Wednesday.

The incident comes amid reports of attacks on Kashmiri people in many parts of the country in the aftermath of the February 14 attack on a CRPF convoy in Pulwama that left 49 personnel dead.

“Three Kashmiri shawl vendors boarded the general compartment of a local train from Sarai Rohilla station at around 10.40 am for a business trip to Sampla in Haryana. They claimed they were pushed into a corner and called ‘stone pelters’,” said Dinesh Gupta, Deputy Commissioner of Police (Railways).

 

“When they objected, the accused allegedly abused and slapped two Kashmiri vendors. The attackers said ‘you hurl stones there (in Kashmir) and come to earning a livelihood here’. Other passengers also joined in and created a ruckus,” the DCP (Railways) said.

Thereafter, the three Kashmiri men de-boarded at Nangloi station, leaving their bags containing shawls and suits worth around Rs 2 lakh in the train, Gupta added.

A case has been registered and the matter is being probed, he said.

The three men said they came to Delhi in December last year and were staying in Sarai Rohilla. They have been coming here for business purposes for the last 10 years.

The three Kashmiri men approached Communist Party of India (Marxist) leader Brinda Karat through their local MLA. Karat helped them file a complaint with police.

“The men claimed the attackers told them they were from the armed forces. They said ‘you are the ones who killed our men’.

“Around 15-20 other men also joined in and beat the Kashmiri men with belts. The incident took place when they were crossing Mangolpuri. One of the three Kashmiris suffered severe head injuries and another sustained wounds on face,” she said.

Police said the attackers were yet to be identified, and it was not clear if they were from the armed forces since they were in plain clothes.

 

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Non-locals protest against attacks on Kashmiris

Bisma Bhat

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Srinagar, Feb 20: Dozens of non-locals workers and businessmen putting up in Kashmir Wednesday carried out a peaceful protest against the harassment and attacks meted out to Kashmiris in different parts of India.

A large number of non-locals assembled at Hari Singh High Street here and raised slogans against miscreants attacking the students and businessmen of the valley operating in other states in wake of the Lethpora bombing last week.

They demanded the safety of Kashmiri traders and students outside the valley.

 

A Kolkata resident, Sushant Shanti, who is running a shop at Hari Singh High Street, told The Kashmir Monitor that they have been living in Kashmir for 25 years and have never faced any threat.

“I strongly condemn the atrocities that our Kashmiri youth and traders are facing outside Kashmir,” said Shanti, adding: “I request my Hindu brothers to ensure the safety of Kashmiris there.”

Another non local shopkeeper at Hari Singh High Street, Rajinder Kumar said: “Our Kashmiri brothers and students who are pursuing education in other states are facing extreme brutality and we strongly condemn this act of cowardice.”

Kumar said that some elements are politicizing the Lethpora incident.
“Whatever happens here, we have always been treated with brotherhood and humanity,” he said.

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