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Rhetoric Around implementation of Article 371 in Jammu Kashmir Gains Momentum

Kashmir A Year After Revocation of Article 370 Photo Designed by Simeen Anjum

Kashmir A Year After Revocation of Article 370 Photo Designed by Simeen Anjum

The rhetoric around the implementation of Article 371 in the erstwhile state of Jammu Kashmir has started catching momentum. It was in the meeting that took place between the central government and the mainstream parties of the erstwhile state of Jammu Kashmir that Muzaffar Hussain Baig, the former Deputy Chief Minister suggested it.

The leaders who attended the meetings have to say that the center did listen to it although did not react to the suggestion. The political parties who attended the meeting are waiting for a proposal from the Centre.

Like Article 370 provided a special status to Jammu Kashmir, Article 371 provided various provisions for 11 states of India, like states from the north-east and Himachal Pradesh, etc. Under this law, the local population gets special rights in education and the job sector. The land is also protected under these provisions. For example, in Mizoram, a non-Mizo tribal cannot buy land, but the government can acquire land for industries.

“Under (Article) 35A, domicile rights were given to the permanent residents of J&K. My position is that if you have the problem of the pendency of litigation relating to Article 370 in the Supreme Court, the Parliament can resort to Article 371 and by using appropriate language, confer on the people rights earlier given under Article 35A, under amended Article 371, the amendment (to be undertaken) by addition not alteration,” Baig said.

Baig has said that the substance of Article 35A could be taken care of by adding an additional clause to Article 371 with respect to the exclusive rights of the state subjects as citizens of J&K were called earlier. “Those rights can still be re-introduced by virtue of an amendment to Article 371,” he said.

On being asked whether the National Conference and the PAGD had any discussion about this? He said that “discussions will take place only when the Centre sends the proposal to us. But for now, this thing is limited only to the news of the media.”

He was further asked that If such a proposal is sent by the Centre, then what will be the stand of the parties of National Conference and PAGD on it? In response to this question, Hasnain said that “all the parties here want peace. Wants to get Article 370 and 35A re-implemented. If we get any proposal from the Centre, we will definitely consider it.”

On Baig’s proposal, National Conference Vice President Omar Abdullah, while answering a question said, “I haven’t had a chance to study the implications of this for J&K.”

Adnan Ashraf, the spokesperson of the People’s Conference, said that due to President’s rule in the state, people’s work is stuck. People want to get rid of this situation so that the state can function normally. So if Article 371 is proposed, we will consider it, he said.

He says that “our party is not a part of the Gupkar Alliance, but all the parties of the state will consider the proposal of the Center together. Our demand is the same, it will remain so. But to think that our demand will not be fulfilled in few days, few months or even a few years is far from reality. We have to come to a solution by accepting the reality.”

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