The Centre’s decision to abrogate the provisions of Article 370 in 2019 took centre stage in Srinagar again on Friday, with Chief Justice of India (CJI) D.Y. Chandrachud in the city to chair the 19th All India Meet of the Legal Services Authorities. A number of pleas against the abrogation are pending before the Supreme Court.
Jammu and Kashmir Lieutenant Governor Manoj Sinha, who addressed the legal meet, praised the Centre’s move to do away with the special constitutional position of J&K since 1947.
Also read: Explained | How Kashmir’s Special Status and Article 370 are being changed
‘Historic reforms’
“The abrogation of Articles 370 and 35A brought historic reforms and a new era in J&K. Today, the Union Territory (UT) is offering limitless possibilities to the people, especially to those from the weaker section of the society, who were deprived of the benefits of the laws enacted by the Parliament,” the L-G said. Describing the past four years as “synonymous with peace, progress and prosperity”, Mr. Sinha said that “the world has seen our capability, our socio-economic growth during last month’s G20 meeting.”
The L-G informed the legal luminaries who attended the meeting that the administration had scrapped “obsolete land rules” in J&K. “Land passbooks were issued in three languages to empower farmers and landowners. Transparent and accountable governance has ensured that development benefits to all sections and areas, victims of unbalanced progress were brought into the developmental mainstream,” he added.
Also read: Full text of document on govt.’s rationale behind removal of special status to J&K
‘Deprived of basic rights’
Former J&K chief minister and People’s Democratic Party president Mehbooba Mufti’s position was starkly contrary to the L-G. Taking to Twitter, she sought the attention of the CJI on the “illegal revocation” of Article 370.
“Welcome CJI to Kashmir. Article 370 - a constitutional commitment of this nation to the people of J&K was illegally revoked. This despite earlier SC rulings against its abrogation. It’s been four years yet the matter is still pending before the honorable court,” Ms. Mufti said.
She noted that thousands of youngsters were languishing behind bars without recourse to a trial. “The process itself has become the punishment. J&K acceded to India out of choice & not compulsion. Then why is it being deprived of basic fundamental rights & guarantees given by the constitution itself? I earnestly hope your presence throws light upon these pressing issues,” Ms. Mufti added.
Legal aid for marginalised
In his speech, the CJI underscored the need to reach out to the marginalised. “Many prisoners are underprivileged and come from marginalised sections. We should make sure that they get required legal aid and services at time of trial,” he stressed.
For people to trust legal aid, it must be competent and of desired quality, CJI Chandrachud said. “We need to increase the capabilities of lawyers and para-legal volunteers, and encourage them to unlearn their social biases,” he added. He also urged legal services institutions to encourage more women and transgender persons to serve as lawyers and para-legal volunteers.
Union Law Minister Arjun Ram Meghwal praised the Indian Legal Services Authorities. “The services of the Indian Legal Services Authorities are commendable. It must be the goal of the upcoming government that every citizen must have economic and social equality. Justice delivered to everyone will automatically lead to social and economic equality,” Mr. Meghwal said during the National Legal Services Authority (NALSA) meeting.
The two-day meet is being hosted by the government of J&K and the Jammu & Kashmir Legal Services Authority. It is being attended by Chief Justices of High Courts, executive chairpersons of State Legal Services Authorities, and chairpersons of High Court Legal Services Committees, among others.
