SRINAGAR: The row over Article 35A, which grants special privileges to Jammu and Kashmir residents, has divided two political families in the Muslim-majority state. Incorporated into the Constitution in 1954, Article 35A denies outsiders citizenship rights in the state. It also bars outsiders from purchasing land or property in the state, and no outsider is entitled to government jobs and scholarships.
Barring the BJP and some Jammu-based parties, most political parties, including the NC, Congress, PDP, are in favour of continuation of Article 35A. Caught in the state residency law is at least two political families where brothers are in conflict over Article 35A due to their ideological differences.
Senior BJP leader and Union Minister of State in the PMO, Jitendra Singh Rana, like any other BJP leader, is for abrogation of Article 35A.
His younger brother, Devender Singh Rana, who is a senior National Conference leader, is opposed to repeal of Article 35A. Any attempt to do so would hurt Jammu more than Kashmir and Ladakh, he has warned.
“State Subject laws, the essence of Article 35A, were enacted by Maharaja Hari Singh in 1927 essentially to preserve the special identity and economy of the Jammu region from the onslaught of non-state subject traders thronging from the neighbouring states. The permanent residency laws guaranteed the state’s special identity within Indian Constitution,” he said.
Terming Article 35A as neutral with regard to religion, region and caste, Rana said the chances of non-state subjects making their way to Jammu were higher due to its proximity to other parts of the country and conduciveness in terms of the security scenario, culture and terrain.
The Lone family in Kashmir is also divided on the issue. Separatist-turned-mainstream politician Sajjad Gani Lone is an ally of the BJP. His People’s Conference forged an alliance with the BJP and won two seats in the 87-member J&K Assembly. Sajjad was a minister in the PDP-BJP coalition government and is said to be very close to BJP leaders, including its general secretary Ram Madav.
Sajjad has so far remained silent on Article 35A. Sajjad’s elder brother Bilal Gani Lone is a separatist leader and executive member of the Hurriyat Conference faction led by Mirwaiz Umar Farooq.
The separatist leaders are against any attempt to dilute or change Article 35A. Terming Article 35A a matter of “life and death for the people of Kashmir,” the leaders have warned of a mass agitation if any attempt is made to tinker with Article 35A. The Supreme Court will hear petitions challenging the validity of Article 35A from the week starting August 27.