‘Right time to repeal Article 370 granting special status to J&K’
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‘Right time to repeal Article 370 granting special status to J&K’

March 17, 2019

Mysuru: “It is right time to repeal the controversial Article 370  which grants special status to Jammu & Kashmir (J&K) besides to abrogate other contentious Article 35-A that threatened the freedom of women besides empowering the J&K Assembly to define “permanent residents” who are entitled to special rights and privileges in the Valley State,” opined Dr. H.M. Rajashekar, retired professor of Political Science, University of Mysore (UoM).

Speaking at a seminar on  ‘Dr. B.R. Ambedkar and Indian Constitution’ held at University of Mysore Evening College in city on Friday, he said that terror activities have increased in the State despite curbing measures undertaken by successive Governments at the Centre and the State.

The Constitution of India has granted special status, rights and privileges under various Articles for empowerment of people to various States including J&K depending upon its complex geographical location, cultural, economic and social reasons. These rights were guaranteed with the main intention for people of these States to mingle with people of the nation besides to adhere to the law of the land.

Article 370 specifies that except for Defence, Foreign Affairs, Communications and ancillary matters (matters specified in the instrument of accession) the Indian Parliament needs State Government’s concurrence for applying all other laws. Thus the State’s residents live under a separate set of laws, including those related to citizenship, ownership of property, and fundamental rights, as compared to other Indians, he said.

Similar protections for unique status exist in tribal areas of India including those in Himachal Pradesh, Arunachal Pradesh, Andaman & Nicobar Islands and Nagaland. However, it is only for the State of Jammu and Kashmir that the accession of the State to India is still a matter of dispute between India and Pakistan and still on the agenda of the UN Security Council. Hence, this Article must be revoked and special rights must be withdrawn to J&K if the desires of the Union Government are not fulfilled, he added.

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He highlighted the role of India’s Constitution Drafting Committee Chairman Dr. B.R Ambedkar, who himself hails from an underprivileged class for giving the “World’s best Constitution” to India.

Prof. Rajashekar also exuded confidence to thousands of women in J&K whose freedom was infringed by Article 35-A that they will soon get justice.  

Article 35-A of the Constitution is “arbitrary” on the ground that it is contrary to fundamental rights like the right to equality, dignity of women, freedom of speech and expression and the right to life and personal liberty, he said.

The Principal of University of Mysore’s Evening College Dr. S.Anjaneya, Convener of Extracurricular Activities Dr R.R. Dinesh, Superintendent Channabasappa, Yuvaraja College Principal Prof. Rudraiah and others were present.    

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