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Principale » SC accepts govt's plea, will hear Article 35A case after Diwali

SC accepts govt's plea, will hear Article 35A case after Diwali

26 Août 2017

"All the pleas will be taken up for hearing after Diwali", the bench said.

"Now, because hearings in the Supreme Court have been postponed, the protest program has been postponed", they said.

Meanwhile, senior Congress leader and former MP Tariq Hamid Qarra moved an application before the Supreme Court seeking to be heard in the matter.

A bench headed by Justice J S Khehar accepted the petition of the Jammu and Kashmir state government that the pleas challenging Article 35A be heard after Diwali.

They said intended tampering with Article 35-A, which grants special privileges to J&K residents, is a ploy to change the demography of Jammu and Kashmir.

Petitioner Charu Wali Khanna has alleged that it also discriminates against women.

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Earlier the apex court had favoured hearing of the matter by a five-judge constitution bench.

"Section 6 of the Jammu and Kashmir Constitution restricts the basic right of women to marry a man of their choice by not giving the heirs any right to property if the woman marries a man not holding the Permanent Resident Certificate". "The hearing on these cases was scheduled for August 29 and it was in this very context that the joint resistance leadership had announced a series of protest programmes".

The petitioner alleged that if a woman marries a person outside Jammu and Kashmir, then according to Article 35-A, she loses property rights as well as employment opportunities in the state.

While Jammu and Kashmir's Non-Permanent Resident Certificate holders can vote in Lok Sabha elections, they are barred from voting in state and local elections. It will be disastrous for us all if this article is scrapped.

The Supreme Court is also seized of at least one petition challenging the validity of Article 370 of the Constitution that confers special status on Jammu and Kashmir.

SC accepts govt's plea, will hear Article 35A case after Diwali