There is another instance, that of the refugees, who migrated in the state of Jammu and Kashmir in 1947 from West Pakistan and residing in the state for nearly 68 years, but are still treated as second class citizens of the state. They are considered as Indian citizens but not the citizens of the J&K. They can vote in the Lok Sabha elections but cannot vote in the State assembly elections. They cannot acquire any immovable property in the State, the right to employment under the State, right to start an industry, or even purchase a motor vehicle. Imagine that you are an Indian citizen, but you cannot buy a bike or a car in Jammu & Kashmir. The ridiculous part is that even today, a person who comes from Pakistan occupied Kashmir is given all the rights as a citizen of J&K, but not these refugees who came from West Pakistan.
To scrap this special provision, the Jammu Kashmir Study Center has decided to approach the Supreme Court. The legal challenge to Article 35A could be the opening gambit for a bigger attack on Article 370. JKSC is of the view that is the root cause for violation of rights in J&K and was a constitutional amendment signed by the President without the knowledge of the Parliament, which has the sole authority to amend the constitution. It is a myth that Article 370 confers special status on the state of Jammu and Kashmir – it is at best a temporary provision. The irony is not lost in the fact that Article 35A was placed in Part 3 of the constitution that deals with Fundamental Rights and yet violates the right of citizens of India.
