Seminar on "Article 35 A" organised in New Delhi
| 28 Oct 2017
| Onkareshwar Pandey, Editor In Chief, NOP

Seminar on Article 35A in Delhi
By Sunita Sharma

New Delhi. A seminar was organised by Medhavini Sindhu Srijan in association with Women Development Cell of Deen Dayal Upadhyaya College on the topic "Article 35 A" at Deendayal Upadhyay Collega, Dwarka, New Delhi.The seminar was attended by lecturers and intellectuals of Medhavini Sindhu Srijan , Prabuddh Varg of Delhi Prant from various fields and the students of DDU College.

The seminar started with the Welcome address and introductory remarks by Dr.Nisha Rana , Seh Sanyojika, Medhavini Sindhu Srijan and Convenor WDC of the college.

The main speaker was Dileep Kumar Dubey, Advocate, Supreme Court and Legal Advisor in Jammu and Kashmir study Centre. He took the audience through a series of events on how the article came to be introduced into the Constitution and various aspects of the article which have remained hidden for the last 70 years. Decrying the article as "Constitutional Fraud" in the history of India, Mr. Dubey also said that it was introduced clandestinely. He explained that article 35 A empowers the state of J&K to define "Permanent Residents" of the state. This was secretly added in the Constitution, through a Presidential order on May 14,1954, and made effective from 1944. Accordingly the state legislature shall have power to define and regulate the rights and privileges of the permanent residents of the state, more especially in regard to the acquisition of immovable property, appointments to services, right to scholarship and to such other matters.

One major ground on which Mr. Dubey attacked the article was that it was introduced into the constitution without following the process of amendment to the constitution and thus, without approval of the Parliament. A petition was filed before the High Court of Delhi in 2015 and presently the issue is before the Supreme Court. Accordingly to Mr. Dubey, the article has become an instrument of oppression and discrimination in several ways. He pointed out that it facilitated violation of rights of women. If a woman hailing from J&K married a man who was not a permanent resident of that state, her children would not inherit her property. Also, people of Valmiki caste were brought to the state in 1957 to work as Safai Karmcharis and were given permanent resident status on that condition. Now they are being denied a right to quit that profession. The article has been used by successive state government to discriminate between citizens of India who belong to that state and those who don’t, in that the latter cannot buy property in that state and this has led to seclusion of the people of the state from rest of India.

-- by Sunita Sharma

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