SRINAGAR: What happens if the Supreme Court finally rules the inclusion of Article 35(A) in the Constitution of India is illegal? This is something that is being asked everywhere on Srinagar streets, on the eve of the next hearing in the case.
“Repealing it will be like a marital rape,” Naeem Akhter, PDP leader who till recently was the senior most minister in Mehbooba Mufti led BJPDP government, wrote on twitter. “Converting a constitutional relationship into occupation.”
Akhter was actually reacting to Kashmir’s only IAS topper Shah Fesal, who is currently studying at Howard. “I would compare Article 35A to a marriage-deed/nikahnama,” the IAS officer wrote on his twitter. “You repeal it and the relationship is over. Nothing will remain to be discussed afterwards.”
Fesal’s tweet had a chain reaction as a number of people reacted to it from both sides of the ideological divide. “Exactly!,” NC leader, Nasir Sogami reacted.
“Then Kashmir’s accession with Union of India comes under a cloud,” a senior journalist commented, as if asking for more. “Tricky, one way after you burn the bridge.”
Pat came Fasel’s reply: “Yes and those who say Accession still stands forget that Accession was just like a Roka, because the Constitution had not come into force that time. Can Roka still bind two people together even after the marriage document is annulled?”
The scribe commented further: “Which effectively means that if you hit at the 35 A, you hit the plint of the accession. If you shake the foundation, you will end up razing the house. Technical but so elementary.”
