The Union Cabinet on Thursday approved the Jammu and Kashmir Reservation (Amendment) Ordinance, 2019.
Union Minister Arun Jaitley: Union Cabinet approves the Constitution (Application to Jammu & Kashmir) Amendment Order, 2019 pic.twitter.com/d5bPjfWOf2
— ANI (@ANI) February 28, 2019
It is likely to pave the way to extend reservation in jobs, promotions and education to people living 10 km from the International Border (IB) in Jammu. Earlier the benefits were only reserved for people living 10 km beyond the Line of Control (LoC) and affected by shelling and firing from across the border.
There has been no change in Article 370 and 35A following the Union Cabinet’s decisions on Jammu and Kashmir, and any reports to the effect were “mischievous”, official sources said on Thursday.
The Ordinance is likely to be the way for providing the benefit of promotion in service to the Scheduled Castes, the Scheduled Tribes and also extend the reservation of up to 10 per cent for “economically weaker sections” in educational institutions and public employment in addition to the existing reservation in Jammu and Kashmir.
Previously, a cluster of writ petitions were filed in the Supreme Court of India challenging Article 35A which empowers J&K legislature to define permanent residents of the state and grant special rights and privileges to them.
The matter was listed in the advance list from February 26-28, for hearing.
However, the pleas against Article 35-A not figuring in the final cause-list issued by the Supreme Court registry on Wednesday, the matter will not be heard by the top court on Thursday, a source said.
“The matter was listed in the advance list but it did not figure in the final list which came out this evening. So there will be no hearing of the matter on February 28,” the sources said.
Previously, several top notch leaders of the Kashmir Valley expressed their concerns regarding the Article-35 A, that was scheduled for hearing in the Supreme Court.
PDP Chief, Mehbooba Mufti warned the Centre that if Article-35A was fiddled with then she wouldn’t know which Flag would Kashmiris pick up, instead of the Tri-color.
PDP leader Mehbooba Mufti: Don't play with fire; don't fiddle with Article-35A, else you will see what you haven't seen since 1947, if it's attacked then I don't know which flag people of J&K will be forced to pick up instead of the tricolour. pic.twitter.com/8we431nID5
— ANI (@ANI) February 25, 2019
The proposal to this effect came from the Jammu and Kashmir administration, which is at present under President’s rule. J&K Governor Satyapal Malik told The Hindu that the ordinance in no way affected the rights of people of the State nor did it tinker with Article 35-A, which provides special rights and privileges to permanent residents of J&K. The 740 km LoC in J&K is under the operational control of the Army and 192 km IB in Jammu is manned by the BSF.
Tensions escalated in the Valley as additional 100 companies of CRPF soldiers were deployed after the ‘Pulwama attack’ .The forces were deployed as a ‘safety measure’ to ensure healthy Election Environment for the coming Lok Sabha, said many reports.
There were wide spread rumours, especially in the Valley that Article-35 A is likely to be scrapped in the previous scheduled hearing in the Supreme Court which was followed by protests and violence in various places in the Valley, as said by many reports.
Following the scheduled hearing, several Separatist leaders were also detained from the Valley, as a precaution.
Article-35 A is a constitutional provision that allows the J&K assembly to define ‘permanent residents’ of the state, who are then eligible to certain rights and privileges, including employment in the J&K government, acquisition of immovable land or property, scholarships and other such aid and welfare from the government.
Many Kashmiris consider any fiddling with Article-35 A as a direct threat to their individual rights.
Talking to ThePrint, a senior Kashmiri official of the Jammu & Kashmir government said any move to tinker with Article 35A will create a law and order situation that “will be difficult to control”.
He added, “We are currently only dealing with militancy,” but “any fiddling with Article 35A will bring everybody out on the road, including those in the mainstream, as it directly attacks the right of every individual Kashmiri.”
Also read : Mehbooba Mufti calls for an All-party meeting.