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| J&K's accession by Maharaja Hari Singh, not by Article 370 | | | Et Report
Jammu, Dec 3 : Prof. Virender Gupta, the president of Jammu State Morcha said today the accession of Jammu and Kashmir State with Indian Union was because of the Instrument of Accession signed by the Maharaja of Jammu and Kashmir State and not because of article 370.
The Article 370 was incorporated in the Indian constitution by the Indian Constituent Assembly later to appease the Kashmiri leadership at that time.
As stated in the Assembly the article was temporary which should cease to exist with passage of time. The people of Jammu region and that of Ladakh region were not taken into confidence on the issue and their wishes were all together ignored. As a result there were great agitations both in Jammu province and ladakh region against article 370 and separate constitution of Jammu And Kashmir State. If at present the Kashmiri leadership wanted to retain the Article 370, then let the State be trifurcated into separate states of Jammu, Ladakh and Kashmir, and keep this article applicable only to Kashmir and free Jammu and Ladakh region from the Kashmiri domination.
It is a hard realty that only political elite class of Kashmir region is benefitted by the article 370 as they want freedom to behave like autocrats without any checks.
The common people are in no way benefitted by the article 370. This political class is exploiting the common masses to serve its own vested interests and to keep the Kashmir issue alive. It is not Modi but Omar Abdullah who is on wrong footings. Omer Abdullah is also wrong when he says that Narendra Modi is mixing Article 370 with the State's residency law. It is by virtue of Article 370 the State has its own constitution and residency law is part of the state constitution.
The Part III of J&K Constitution lays down that a woman citizen of J&K marrying someone from another state of the Union will not only forfeit her right to be called a 'daughter of the soil', but also the right to get a job under the State Government, secure admission in J&K Government-run educational, technical and professional institutions, and acquire and own any immovable property anywhere in the State. It unequivocally says that if a male citizen of J&K marries even a foreigner, the spouse will automatically become a citizen of the State.
It is only when some of the social activists and women whose property rights were infringed challenged this part of J&K Constitution in the court.. The Full Bench of the J&K High Court took a holistic view of the problem facing the daughters of the state, and on October 7, 2002 pronounced that a female State Subject will not lose her status as a State Subject on marriage to a non-State Subject. Even after this judgment of Hon'ble Court a woman marrying someone from another state may get property rights but her daughters or sons cannot inherit the rights on her property.
However, the High Court verdict displeased the National Conference and the People's Democratic Party and bill was moved in the Legislative Council to nullify the judgment of Hon' J&K High Court and to seek restoration of pre-Oct 7, 2002 position.
This was amount to deprive the daughters of J&K of their natural right to marry persons of their choice outside the state, and thereby snatch their right to own immovable property or inherit ancestral property in J&K, or obtain jobs with the State Government in case they marry persons other than State Subjects. Some people try to confuse the people when they to support the article 370 mention article 371 which is applicable to some north eastern states. Article 371 does not provide for separate constitution and laws other than laid down in Indian constitution. |
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