Sir,
This has reference to K B Jandial’s Straight Talk- “Can Polls, Threats, Shutdowns coerce SC on Article 35 A?” in DE August 6, 2018. It was timely and bold analysis of the situation created on Article 35A.
SC has deferred hearing on this controversial provision to August 27 on technical ground. It is good that the decision of the Appex court is not affected by extraneous factors that have been unreasonably hyped to influence the court, and it listed its hearing later this month only due to absence of the third Judge of the Bench hearing it. The troubled vale of Kashmir is in the forefront of disturbances on this issue. However, Article 35A is yet another excuse to foment trouble. There are already plenty of pretexts used to spread anti-India (read anti- Jammu and anti-Ladakh) canards. I don’t visualize peace in Kashmir in foreseeable future as the well nurtured psyche of many in the Valley appears to be fodder for perpetuating this unfortunate situation. A number of inimical forces are at play being fostered by enemies of India. In nutshell, it is very confused state of affairs with fear of gun looming large for the vast silent and submissive majority.
Article 35A was incorporated through a Presidential Order of 1954. But some pro Article 35A leaders are befooling public by mischieviously using the name of Maharaja Hari Singh to justify this controversial anti-women and unconstitutional Article which doesn’t deserve to be part of the Constitution of India. The fact is that Maharaja was not in the picture at time of it’s backdoor entry into Constitution without the approval of Parliament. The Courts and not the streets of Kashmir are the forum for testing the legal and constitutional arguments on it. A battery of pro and anti Article 35A legal luminaries are before the SC to put foth their forceful arguments forth scrapping or retention of Article 35A and SC verdict must be accepted by the people gracefully without communalising it further.
JK Vaid,
Former Director GSI,
Sidhra, Jammu
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