People's Democracy

(Weekly Organ of the Communist Party of India (Marxist)


Vol. XXVIII

No. 09

February 29, 2004

JAMMU&KASHMIR

 

Protect People’s Rights: CPI(M)

 

THE Jammu and Kashmir state committee of the CPI(M) has expressed concern over a recent judgement of the J&K High Court which held that a woman from the state would not lose her status as a permanent resident, even after marrying a person from outside the state. “This judgement undoubtedly opens the way for outsiders to impinge on the Constitutional rights vested for the citizens of J&K under the state list”, felt the Party state secretary Mohd Yusuf Tarigami in a statement issued on February 18.

 

Probably conscious of the fact that this judgement, delivered by a wafer-thin majority, was harmful to the vital interests of the people of J&K, the state government filed an appeal before the Supreme Court, where it prayed for setting it aside. However, it has now come to the knowledge of the CPI(M) that the state Advocate General had withdrawn this appeal from the apex court on September 9, 2003 itself.

 

Reacting to this move of the government, the state committee of the CPI(M) expressed its deep concern, particularly over the hush-hush manner in which the appeal before the highest court was withdrawn. Even though it was known that the matter involves the identity of the people of the state, for which they have waged prolonged battles, no political party was taken into confidence either at the time of filing the appeal or during its withdrawal. Tarigami said that it was not known as to what were the considerations before the state government at both the points of time. He said the state committee demanded the government to take immediate steps to rectify the wrong done and pursue the matter once again through proper legal recourse so that the basic rights of our people are not jeopardised.

 

Rights of state subjects (permanent residents) involve the crucial questions of acquiring property in the state, employment, voting rights, education etc. The people of the state have always jealously guarded these rights and fought against their infringement in any manner.