SRINAGAR : The Sangh -Pariwar and RSS , through Supreme Court of India are playing a game of fire in Kashmir, which will worsen the matters of the State to such a level, where there will be no one to shoulder India’s tricolor. Such warning has been issued by experienced and top Kashmiri leaders like Saifuddin Soz, as well as Chief Minister Mehbooba Mufti. Congress leader Saifuddin Soz hinted at the Sangh Pariwar designs while commenting on the issue, ”The trick that RSS wants to play by asking the Supreme Court of India to revoke article 35(A) has the potential of creating commutation gap in the country, especially in Jammu and Kashmir”, he said.
A constitutional crisis is being created by challenging article 35 (A) in the Supreme Court. This article gives special economic as well as political protection to local people. The Central Government, first time in the history of Independent India, expressed its evil intention in Supreme Court, when Advocate General of India representing the Central Government, instead of defending this old law, asked for an open debate on it. Political Analysts say that if this law is abrogated through SC or from any other quarter, it will put Kashmir on fire beyond any control. That is why all non BJP parties like PDP, NC, Congress are making discussion on defending this law in Supreme Court.
Who made this Law & Why?
The law was made by Hindu Dogra Maharaja of Kashmir in January 1927 on the demand of Kashmiri Hindus, notably by Kasmiri Pandits and Hindu Dogras is now being opposed by Kashmiri Pandits and Hindutvadis. The Dogra Hindu Maharaja of Kashmir made this law to protect the local Kashmiri from the probable onslaught by the Punjabis. Kashmiri Pandits and Hindu Dogras feared that Punjabis, if not prevented by appropriate law, could buy vast lands in Kashmir, and thus they would have stronghold over their jobs as well as economic interests.
Now these Kashmiri Pandits and Hindu Dogras, led by Hidutvadis and BJP are struggling to strike down this law, provided constitutional protection by article 35 (A), which has been challenged in Supreme Court of India.
What is Article 35 ( A)
This article under Constitution of India provides special status to the State of Jammu and Kashmir. This article provides that non permanent residents of the state cannot purchase or acquire any immovable property in the state. Only Kashmiri and residents of Jammu can purchase immovable properties here.
This is not any special law limited to Kashmir, as hue and cry is made by Hindutvadis and communal elements now. Such law is still prevalent in many states to protect the interests of many local communities.
There are such laws in Himachal Pradesh, Arunachal Pradesh and other states which ban acquisition of properties for outsiders. Like in Maharashtra and other states, there is ban on sell and purchase of Adivasi land.
These various laws are not being contested. Instead, they are being protected by Central as well as State Governments. But the BJP Government at the Centre made its evil designs at the Kashmir law exposed when Advocate General of India, representing the Central Government in the SC called for a larger debate on the issue of Article 35 (A), which guarantees the local people of right to jobs, ownership of properties, citizenship, protection from non residents threat.
While local BJP leaders are saying that BJP is not inclined to interfere in article 35 (A) or article 370, as promised but all non BJP parties in J&K are pointing fingers towards RSS.
The stand of Advocate General of India, for an open debate is like opening Pandora’s box. Such stand was never taken by any government earlier, in the Constitutional history of India. It is said that RSS and Sangh Pariwar through Supreme Court is designing the route to strike down laws such as article 35(A) and article 370, of the constitution, which is like playing with hell fire.