Sumer Khajuria AdvocateThe matter of apathies crept by the introduction of Constitution (Application to J&K ) order 1954 dated 14th May’ 1954 also came to be constested brfore the Honbl’e Apex court especially the introduction of Article 35 A there in, in consequence of which the civic rights of the west Pakistan Refuges had taken away in case of writ Petion (Civil) No 7698 of 2008 which was decided with the directions; “In the peculiar context of the state of J&K, the Union of India also owes an obligation to make some provision for the advancement of the cultural, economic and educational rights of these person we do hope that the clams of the persons like the petioner and other to exercises greater rights of citizenship will receive due consideration from the Union of India and the state of J&K we are however, unable to five any relief to the petioner.” The matter of west Pakistan refugees also remained in correspondence with the Union Home Minister L.K Advani and Dr. Farooq Abdullah in the year 2001as well as the Home Minister Shivraj Sayeed Patil to the Chief Minister of J&K state Mufti Mohd Sayeed but of no avail. Even a Meeting of all recognized political parties of the state so held under the then Chief Minister of J&K (Ghulam Nabi Azad) also did remain of unfructified except divergent and arrogant conduct of Kashmir centric hegemony. Plights of Scheduled tribes settled along the Internation Border/Line of Actual Control of J&K. The population of Schedule Tribes i.e Gujjars, Bakarwal Gaddis and Sippies has also settled in the border districts of Leh, Kargil, Poonch, Rajouri, Samba etc., Where the population percentage is between 25% to 50%. Likewise in the border District, of Kashmir, the sects of Schedule Tribes are also in habitating. It was unfortunate, the schedule Tribes sections of the J&K have remained neglected from their political and other civic of political reservation only because of the embargo of Article 370 so placed since 26th Jan. 1950 despite of the fact that their counter parts across the country were allowed to avail the same both in Lok Sabha and State Legislature, coupled with other political institutions. Thus there was apparent a grave discrimination thrust on these depressed schedule tribes. Daughters of residents of J&K deprived of rights of citizen after marriage outside of the J&K state Territories. The daughters of the inhabitants of the areas mostly abultting the Inter-national border between Indian and Pakistan falling in Kathu, Samba, Jammu and Rajori are generally married as being ancestrally prescriptive but unfortunately became the victim of the provisions of principles Article 370 and its hollow mustical codicil lineage being the coddle the constitution (Application to J&K) order 1954 dated 14th August 1954, thereby giving birth of illegitimate Article 35A to the Constitution of India; The Constitution of J&K State 1957, and other procedural laws of Permanent Residents of J&K state, where by their right of being the Permanent Residents of the State of J&K were completely taken away even the enabling provision available since the year 1932A.D, in shape of “Riyatnama and Isatnama”. It was the full bench of the J&K state, which restored their rights of Permanent Residentship besides the entitlement to acquire and inherit the immovable properties in J&K with service of the state but in case of their descendents are still in hanging in balance. Circumstances forcing the Govt. of India to act upon the past injustices by taking steps for visting incidents of August’2019.
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