Centre tells SC: Art 35A discriminatory, serious obstacle to development, fostered separatism and militancy

Justifying the abrogation of Article 35A, which accorded special rights and privileges to natives of erstwhile state of Jammu and Kashmir, the Centre has told the Supreme Court that the provision was discriminatory especially against women marrying outsiders and a serious obstacle to the socio-economic development.

It has been felt, over the years, that this regime has worked to the detriment of the state and has significantly contributed to the grave problems of "terrorism, militancy and separatism which plague it", an affidavit filed in the apex court by Gyanesh Kumar, Additional Secretary of the Ministry of Home Affairs, said.

A five-judge Constitution bench headed by Justice N V Ramana is all set to commence hearing from November 14 on a batch of petitions challenging constitutional validity of the Centre's decision to abrogate the provisions of Article 370.

Article 35A became history on August 5 as a consequence of the Centre's decision to abrogate the provisions of Article 370 which had given special status to the erstwhile Jammu and Kashmir.

Incorporated in the Constitution by a 1954 Presidential Order, it accords special rights and privileges to the citizens of Jammu and Kashmir and bars people from outside the state from acquiring any immovable property in the state
"It has prevented investments in the state, and adversely impacted job creation for the youth which again resulted in a cascading effect on other developmental indicators. It has led to a discriminatory regime against citizens of the erstwhile state from the rest of the country as well as a large number of residents...."
Highlighting the fact that once a woman marries an outsider, she loses the property rights, the MHA officer said, "I state and submit that women of the erstwhile state were also discriminated against if they chose to marry a Non-Permanent Resident."
In an oblique reference to Pakistan, the affidavit said, "the inimical forces from across the border have exploited the situation.... The growth potential of the erstwhile state was largely untapped despite large monetary support from the Government of India."
It said that the tourism potential has remained severely under exploited due to Article 35A and these factors have contributed to "fostering a separatist mind-set, which breeds militancy and terrorism, fuelled from across the border."