Rajnath Singh assures Centre’s backing for article 35A

By Prerna Mukherjee

Home Minister Rajnath Singh assured the people of Jammu and Kashmir that the BJP led centre would never take steps that would hurt the sentiments of the people,  especially change the status quo on Article 35A. Rajnath Singh on his four-day visit to Jammu and Kashmir reiterated the fact that the tree of peace in Kashmir has not dried up and a permanent solution to the Kashmir issue is based on five C’s – compassion, communication, coexistence, confidence building and consistency. Several Kashmiri mainstream parties, as well as separatists, have opposed abrogation of this article warning that it would have serious consequences.

Article 35A and Kashmir politics

Article 35A of the Constitution empowers Jammu & Kashmir legislature to define state’s “permanent residents” and their special rights and privileges. It was added to the constitution through a presidential order of 1954 with the then J&K government’s concurrence. Article 35A bars citizens from other parts of the country from acquiring immovable property in the state, taking up jobs with the state government, availing state sponsored scholarships, or settling permanently anywhere in the Valley. Against the backdrop of Kashmir’s accession to India, these provisions understandably assumed huge importance as a bulwark of the state’s special status. The rights assigned were the product of the long struggle. From the dominance of Kashmiri Pandits in the state bureaucracy to the ensuing campaign against “outsiders”, led to the criteria of permanent residence including acquisition of immovable property and length of residence. And so Kashmiri’s have come to regard the rights of permanent settlement as the only remaining piece of any meaningful autonomy.

Modi government’s doublespeak

Much of what Home Minister Rajnath Singh said over the last few days should come as a positive sign. Singh said he went with an open mind and was willing to meet anyone who wants to help resolve the problems of Kashmir.  As a confidence building measure, he insisted that anyone detained under the age of 18 should not be treated as a criminal, but dealt with under the Juvenile Justice Act. He promised to visit Kashmir not just five “but 50 times a year” if necessary. He claimed that the situation in Kashmir had “greatly improved”. Most significantly, in response to a question on the legal challenge to Article 35A, which bars outsiders from acquiring immovable property in Jammu & Kashmir, he claimed that the Centre would not do anything that went against the sentiments of the people. All these assertions give the impression that the Bharatiya Janata Party-run Centre has realised how badly it has failed in creating the political space that could lead to a peaceful solution in Kashmir, despite being in power in the state in alliance with the People’s Democratic Party.

The bigger picture

Singh said he was willing to meet anyone with an open mind. Yet as he visited, the authorities had placed several key separatist leaders either under house arrest or put them in jail.  He claimed that the situation had greatly improved, even though police had to impose restrictions in some places in Srinagar to prevent protests during his visit. He spoke of not putting youngsters in jails, where they are often radicalised, but did not mention the plight of the juvenile justice system in the state. Though he claimed that the Centre would not go against people’s sentiments, it was the Union Attorney General KK Venugopal who, in July, told the Supreme Court that a “larger debate” on Article 35A is needed. That last point is a perfect example of the dangerous game the BJP calls its Kashmir policy. When visiting the Valley, the Centre says everything is fine and it will not go against the people’s wishes. Yet, the invective against Article 35A is being fueled by the BJP. Across the country, Central and BJP leaders have ramped up their criticism of Jammu & Kashmir’s special status, a development so serious that it brought the ruling People’s Democratic Party and arch-rivals National Conference onto the same platform to defend Article 35A.
Simply promising to not go against the people’s sentiments is meaningless unless backed up by the rest of the government and conveyed to the right-wing ecosystem. If indeed, the Centre was trustworthy on this matter, it would have backed the state government’s position on a challenge to Article 35A in the Supreme Court, instead of calling for a larger debate.

Featured image source: Wikimedia Commons