Article 35 is one of the most controversial provisions of the Constitution of India that gives carte blanche to the Government of Jammu and Kashmir to define permanent residents of the state. This provision was secretively added to the Constitution; hence, it is not available either in the list of Constitutional amendments and between Article 35 and Article 36. The hysteria is created among the people of J&K against the abrogation of this provision though it is not based on solid grounds. Essentially, it requires a thorough look into its nitty-gritty of this provision and how it is a major obstacle in the prosperity of the State:
Adverse effect on Permanent Resident Certificate (PRC) holders
- Since this Article allows only the Permanent Resident Certificate (PRC) holders of the state to purchase land, no industrialists prefer to invest in Jammu and Kashmir because they cannot own the land for his factory. Hence, the youth here are either dependent on the Government jobs or else they have to move out of the state in search of a job.
- People from outside J&K are denied right to take up any govt job in the state, resulting in a serious dearth of qualified experts in professional educational institutions, including medical and engineering colleges. This has a detrimental effect on the quality of professional education and the local students are suffering.
- Important provision like Protection of Children against Sexual Offences (POCSO) is not applicable here and the vulnerability of children increases. The stringent provision that is available in the POCSO Act is not applicable in the state and the perpetrators of the crime generally get off with lesser stringent provisions.
- This provision is against gender justice and women, who constitute 47% of the state population are discriminated. Women cannot make a choice of their life partner and their only options remain is the PRC holder of Jammu and Kashmir. If any woman marries a non-PRC holder, the provision makes her spouse and children illegitimate. Only men are allowed to make a free choice about their life partner.
- This provision has kept the Scheduled Caste persons away from political power, it has been decided that the seats in the legislature of the state shall not be increased for SCs till the year 2031, denying them representation in the legislature as per the ratio of their population.
- Tribals comprise nearly 15% of the State’s population, but political reservations for Scheduled Tribes are non-existent and they are denied social justice and equitable distribution of opportunities.
- Qualified doctors, specialists, and researchers from other states do not work in J&K. There is an acute shortage of doctors in super specialty hospitals and professors in the Medical Colleges.
For Non-PRC holder, who have been staying in the state of J&K
- No one, except those defined as ‘permanent residents’ with PRC, are entitled to property rights; employment in state government; participation in Panchayat, municipalities, and legislative assembly elections; admission to government-run technical education institutions; scholarships and other social benefits, voting rights, right to join central services. Thus, it discriminates against the rest of Indian citizens.
- This Article has denied all the above-mentioned rights to Scheduled Caste Valmikies from Punjab, West Pakistan Refugees, and Gorkhas living in Jammu-Kashmir for the past six decades as they do not have PRC.
- Valmikis (Dalits) were brought to J&K in 1957 when the sweepers of J&K went on an indefinite strike. They were promised that Article 35A would be relaxed for them but it was relaxed to offer them the job of sweeper only irrespective of their talent and qualification. Unlike the other states where the caste dominance is more pronounced, here the state is ruled not by Pandits but Muslims, who are ensuring that the development of Dalits is restricted.
- Even they could not see their future in the central government and armed services because of PRC. Hence, they getting engage either in petty work or illegal activities as the option for survival. They progress completely stop by this unconstitutional provision.
Residents of other States of India
- The Indian Administrative Services (IAS) officers, who retired after working in J & K for 30-32 years to ensure smooth administration of the state, cannot even buy a house in the state. Nor can their children study or work in any govt. institutions of the state.
- Since the J&K borders two hostile nations and also due to consistent terrorist activities in the state, largest number of soldiers attained martyrdom in J & K. Of the 21 Param Veer Chakras awarded to soldiers fighting at the borders, 16 were awarded for fighting at Jammu Kashmir borders, and of these 15 soldiers were from outside the state. However, it is ironical that those who lay their lives to protect the land are not given even a small piece of land, because they are outsiders.
- Though the entire country welcomes the people from J&K yet the few Kashmir valley based people creating a wedge between the two. The people from J&K can get the benefit like any other citizen of India in any part of the country and get into jobs but certain Kashmir valley based people have created hysteria against them and using this provision to ensure that the gap must sustain.
Now, the support to this provision is getting fading away in Kashmir, certain political parties are seeking support from other regions i.e. Jammu and Ladakh, who have generally remained out of the discourse on Kashmir. But the above facts would be an eye opener for such opportunist politicians and they would not be able to fool the gullible people of Jammu and Ladakh as they did in Kashmir.
