Published 14:22 IST, August 5th 2019
J&K: Here's how Article 370 & 35A created the right conditions for terrorism
The presence of Article 370 in Jammu and Kashmir had become a fertile ground for the creation of terrorists.
The presence of Article 370 in Jammu and Kashmir had become a fertile ground for the creation of terrorists. Several aspects of the law allowed Kashmiris to feel alienated from their own motherland and made youth vulnerable to become radicalised against their own nation.
Owing to the law, the state gets an autonomous status and a special identity leading to which the people of Jammu and Kashmir felt they had a separate identity than that of rest of India.
Due to Article 370, citizens have dual citizenship. The state of Jammu and Kashmir's national flag is different. Its legislative assembly's term is 6 years, whereas it is 5 years for the states of India. In Jammu and Kashmir, it’s not a crime to insult the Indian national flag or the national symbols. The order of the Supreme Court of India is not valid in Jammu and Kashmir. The Indian Parliament can only make laws in extremely limited areas in terms of the state.
Because of Section 370, RTI, RTE, CAG does not apply in the state. Indian laws are not applicable but Sharia laws are. There are no rights to panchayats in Kashmir.
The Minorities in Kashmir [Hindus and Sikhs] do not get 16% reservation. Indians from other states cannot buy or own land in Kashmir. However, a Kashmiri can buy land anywhere in India.
Private industries cannot be established as they cannot acquire their own land. Unemployment coupled with a feeling of alienation from the rest of India leads them to take part in anti-India activities like stone-pelting and the separatist movement. Radicalisation then causes local Kashmiri youth to turn into terrorists owing to strong links to Pakistan supported terror groups presence in the state.
Most importantly with law and order being state subjects, cases of terrorism go unchecked and are not followed through till conclusion. With several separatists having connections with Pakistan-backed terror outfits, several cases of terror funding remain under the radar.
What is Article 35 A?
Incorporated in the Constitution by a 1954 Presidential order, Article 35 A defines the permanent residents of the state of Jammu and Kashmir by giving special rights and privileges to the state subjects. It stems from Article 370 that gives an autonomous right to Jammu and Kashmir.
The article is also referred to as Permanent Residents Law and bars woman belonging to the state from any property rights if she marries a person from outside the state. Even the children of such women do not get the right as they do not have any succession rights over the property.
What is Article 370?
It exempts Jammu and Kashmir from following the Indian Constitution except for Article 1 and itself. It also restricts Parliament's legislative powers in Jammu and Kashmir. It was passed in the Constituent Assembly on May 27, 1949 and is the first article of Part XXI of the Indian Constitution. The heading of this part is ‘Temporary, Transitional and Special Provisions’
Updated 22:44 IST, August 5th 2019