Supreme Court (Files)
The Supreme Court on Monday agreed to hear a petition filed by descendants of refugees of erstwhile West Pakistan who now live in Jammu and Kashmir and are demanding the striking down of Article 35A of the Constitution that allows the state to make special laws for its “permanent residents”.
A three-judge bench headed by Chief Justice of India Dipak Misra ordered that the petition be tagged with pending petitions challenging Article 35A.
The petitioners Kali Dass, his son Sanjay Kumar and Balwant Singh said they were residents of Kathua in Jammu and Kashmir and descendants of refugees from West Pakistan who had migrated to India during the Partition. But “even after 67 years, the 3,00,000 refugees live in dilapidated tin shacks and ramshackle huts in ghettos, without any basic amenities like drinking water, sewage or other facilities”, the petition said. As “they do not possess permanent residency in Jammu and Kashmir, they cannot hold property, vote in state and municipal elections, secure employment or enjoy any benefits available to permanent residents of Jammu & Kashmir,” they said.
The petitioners pointed out that 80 per cent of refugees who migrated from West Pakistani were from backward castes. During Partition, Pakistan was divided into two enclaves, West and East Pakistan. Eventually, East Pakistan became Bangladesh. Article 35A bars Indians, other than permanent residents of Jammu and Kashmir, from seeking employment, settling in the state, acquiring immovable property or undertaking trade.
