Tinkering with Article 35A intolerable, will "undermine" Kashmir's identity, character

By Syed Mujtaba Hussain*
The Supreme Court of India is currently hearing petitions under Articles 370 and 35A filed by an NGO over the special status of the state of Jammu & Kashmir (J&K). The Kashmiris have rejected the move terming it ill-intentioned and BJP quest for change of demography.
To recall, according to Lord Mountbatten’s plan for partition of subcontinent (June 3, 1947), around 500 princely states acceded to India. But on October 27, 1947 the Indian army landed in the Himalayan valley of Kashmir, leading to what many consider as leading to one of the world's deadliest disputes.
The Indian forces entered Kashmir after Maharaja Hari Singh, faced with an internal revolt as well external invasion, requesting assistance from India's armed forces. Pakistan's Pashtun tribal militias had crossed the border of the state, and the Maharaja had already lost control of the western districts of his kingdom.
The Maharaja agreed to hand over control of his defence, communications, and foreign affairs departments to the Indian government. Though both sides agreed the accession signed by Maharaja Hari Singh would be ratified by a referendum, which was to be held after hostilities ceased, that vote was never held even after 70 years, making Kashmir an unsolved legacy of partition.

Articles 370 and 35A of Indian Constitution

Indian political leadership, instead of attending to United Nations resolutions over Kashmir, tried to pacify Kashmiris through different legal deceptions. In 1949, Jawaharlal Nehru struck a deal with Sheikh Mohammed Abdullah, an influential political figure in Kashmir, and inserted Article 370 in the Indian constitution.
The article defines Kashmir’s political relationship with New Delhi by granting special status to J&K. It restricts New Delhi’s legislative jurisdiction only to defence, foreign affairs, and communications.
In 1954, through a presidential order, Article 35A was passed under Article 370 (1) (d) of the Indian constitution. The Article accords special rights and privileges of the permanent residents of Kashmir in government jobs, land acquisition and other public projects.
On September 14, 2018, Indian Supreme Court adjourned the hearing on petitions challenging the validity of Article 35A of the constitution to January next year in view of the ongoing law-and-order situation in the Kashmir Valley.
The Supreme Court’s hearing on the annulment of Article 35A has once again created fear in the valley. Former J&K Chief Minister and Peoples Democratic Party (PDP) chief and National Conference, two regional mainstream parties, did not contested the planned polls in Kashmir.
Separatist leaders, trade unions, religious organisations etc threatened that any attempt to change the demography of the state by “tinkering” with Article 35A will be “intolerable” and warned that Kashmiris would “spill their blood” to safeguard the identity and character of the state and “no court, whether in India or in Pakistan, has any jurisdiction to take decisions that can in any way affect the disputed status of Jammu and Kashmir”.
Article 370 and Article 35A have been a contentious issue ever since the state of J&K was annexed to the Republic of India. India has avoided resolution of Kashmir through UN resolutions and have been scheming many political and legal strategies to portray settlement of the issue. Judicial activism is one of the key features of South Asia since 1980.
The judiciaries in Pakistan and India, on numerous occasions, have turned down overturned controversial policies of their respective governments in the greater public interests and attempted to deliver justice to the weaker sections of society.

Syed Mujtaba Hussain

Tinkering with the Article 35A, 370 is used as a political strategy by the Centre to change the demography of the state. Be it the rigging of 1987 elections or atrocities inflicted by Public Safety Act (PSA) and Armed Forces Special Powers Act (AFSPA), New Delhi’s policies towards Kashmir haven’t changed much, Centre has never really given Kashmir the promised ‘right’. What Congress did behind the curtain BJP is doing it openly.
It is time for the Supreme Court of India to decide the issue on merit. The Apex court may decide not to attend to the petitions that go against UN resolutions, rather bound its government to sincerely settle the fate of Kashmiris being humiliated on a daily basis. Let the petition in the Supreme Court be the beacon of hope and peace in the region.
---
*Human rights activist, observer of socio-political contexts. Contact: jaan.aalam@gmail.com

Comments

Academics urge Azim Premji University to drop FIR against Student Reading Circle

By A Representative A group of academics and civil society members has issued an open letter to the leadership of Azim Premji University expressing concern over the filing of a police complaint that led to an FIR against a student-run reading circle following a recent incident of violence on campus. The signatories state that they hold the university in high regard for its commitment to constitutional values, critical inquiry and ethical public engagement, and argue that it is precisely because of this reputation that the present development is troubling.

Was Netaji forced to alter face, die in obscurity in USSR in 1975? Was he so meek?

By Rajiv Shah This should sound almost hilarious. Not only did Subhas Chandra Bose not die in a plane crash in Taipei, nor was he the mysterious Gumnami Baba who reportedly passed away on 16 September 1985 in Ayodhya, but we are now told that he actually died in 1975—date unknown—“in oblivion” somewhere in the former Soviet Union. Which city? Moscow? No one seems to know.

UAPA action against Telangana activist: Criminalising legitimate democratic activity?

By A Representative The National Investigation Agency's Hyderabad branch has issued notices to more than ten individuals in Telangana in connection with FIR No. RC-04/2025. Those served include activists, former student leaders, civil rights advocates, poets, writers, retired schoolteachers, and local leaders associated with the Communist Party of India (CPI) and the Indian National Congress.

Asbestos contamination in children’s products highlights global oversight gaps

By A Representative A commentary published by the International Ban Asbestos Secretariat (IBAS) has drawn attention to the challenges governments face in responding effectively to global public-health risks. In an article written by Laurie Kazan-Allen and published on March 5, 2026, the author examines how the discovery of asbestos contamination in children’s play products has raised questions about regulatory oversight and international product safety. The article opens by reflecting on lessons from the COVID-19 pandemic, noting that governments in several countries were slow to respond to early warning signs of the crisis. Referring to the experience of the United Kingdom, the author writes that delays in implementing protective measures contributed to “232,112 recorded deaths and over a million people suffering from long Covid.” The commentary uses this example to illustrate what it describes as the dangers of underestimating emerging threats. Attention then turns...

The kitchen as prison: A feminist elegy for domestic slavery

By Garima Srivastava* Kumar Ambuj stands as one of the most incisive voices in contemporary Hindi poetry. His work, stripped of ornamentation, speaks directly to the lived realities of India’s marginalized—women, the rural poor, and those crushed under invisible forms of violence. His celebrated poem “Women Who Cook” (Khānā Banātī Striyāṃ) is not merely about food preparation; it is a searing indictment of patriarchal domestic structures that reduce women’s existence to endless, unpaid labour.

Aligning too closely with U.S., allies, India’s silence on IRIS Dena raises troubling questions

By Vidya Bhushan Rawat* The reported sinking of the Iranian ship IRIS Dena in the Indian Ocean near Sri Lanka raises troubling questions about international norms and the credibility of the so-called rule-based order. If indeed the vessel was attacked by the American Navy while returning from a joint exercise in Visakhapatnam, it would represent a serious breach of trust and a violation of the principles that govern such cooperative engagements. Warships participating in these exercises are generally not armed for combat; they are meant to symbolize solidarity and friendship. The incident, therefore, is not only shocking but also deeply ironic.

India’s foreign policy at crossroads: Cost of silence in the face of aggression

By Venkatesh Narayanan, Sandeep Pandey The widely anticipated yet unprovoked attack on Iran on March 1 by the United States and Israel has drawn sharp criticism from several quarters around the world. Reports indicate that the strikes have resulted in significant civilian casualties, including 165 elementary school girls, 20 female volleyball players, and many other civilians.

India’s green energy push faces talent crunch amidst record growth at 16% CAGR

By Jag Jivan* A new study by a top consulting firm has found that India’s cleantech sector is entering a decisive growth phase, with strong policy backing, record capacity additions and surging investor interest, but facing mounting pressure on talent supply and rising compensation costs .

Buddhist shrines were 'massively destroyed' by Brahmanical rulers: Historian DN Jha

Nalanda mahavihara By Rajiv Shah Prominent historian DN Jha, an expert in India's ancient and medieval past, in his new book , "Against the Grain: Notes on Identity, Intolerance and History", in a sharp critique of "Hindutva ideologues", who look at the ancient period of Indian history as "a golden age marked by social harmony, devoid of any religious violence", has said, "Demolition and desecration of rival religious establishments, and the appropriation of their idols, was not uncommon in India before the advent of Islam".

Search This Blog