What Article 35(A) means
Article 35A allows the state legislature to define the Jammu and Kashmir’s permanent residents. The article had been inserted via the Constitution (Application to J&K) Order, 1954. It was issued by the then President Rajendra Prasad under Article 370 on PM Nehru’s advice.

The state’s Constitution, at the time of its adoption in 1956, defined a permanent resident as someone who was a state subject on May 14, 1954, or who has been a resident for 10 years, and has lawfully acquired immovable property.

What this clause means is that no outsider can now own property in J&K or get a state job.

The article is also known as the Permanent Residents Law. Among other things, it deprives the state’s female residents of property rights if/when they marry an ‘outsider’. The provision also extends to children born of any such women.

HISTORY OF ARTICLE 35A & 370

INTRODUCTION TO THE CASE

Mr. Kulbhushan Jadhav was captured by Pakistan in March 2016 and tried in a military court which pronounced its judgment on charges of espionage and terrorism in April 2017. India moved the ICJ in May 2017 challenging the Pakistani military court judgment.

Pakistan claims that Kulbhushan Jadhav was arrested from its restive Balochistan province on March 3, 2016. Pakistan claimed that Kulbhushan Jadhav entered Balochistan from Iran for espionage.

India, on the other hand, refuted Pakistan’s version of the incident saying that Kulbhushan Jadhav was abducted by militants from Chabahar area of Iran where the retired naval officer has business interests.

The militants handed over Kulbhushan Jadhav to Pakistani agencies for money. India then sought consular access to Kulbhushan Jadhav but Pakistan denied it saying that Indian authorities would try to extract information from its spy.

Though Pakistan denied India consular access, the sustained pressure from New Delhi saw Islamabad allowing a meeting of Kulbhushan Jadhav with his mother and wife in Islamabad on December 25, 2017.

International Court of Justice’s verdict on Kulbhushan Jadhav has proven to be a diplomatic victory for India. In today’s landmark judgment given by ICJ, Judges ruled in favor of Kulbhushan by 15:1, the single counter vote against courts order to revoke and review pakistan’s courts decision was given by Ad Hoc of Pakistan. Highlights of the order were

• The ICJ on Wednesday stayed execution of sentence passed to Kulbhushan Jadhav

• Court order to review the decision.Directed pakistan to give counselar access to Mr. Jadhav.

POSITIVE ASPECTS FOR INDIA

  ICJ suspended the death penalty awarded to Kulbhushan Jadhav by the Pakistani military court. Secondly, the ICJ ruled that Pakistan will have to review the entire process of trial and conviction of Kulbhushan Jadhav.

It directed Pakistan to take all measures at its disposal to ensure that Mr Jadhav is not executed pending the final decision in the present proceedings. The court considers that a continued stay of execution constitutes an indispensable condition for the effective review and reconsideration of the conviction and sentence of Mr Jadhav.

 ICJ noted that Pakistan breached the obligation incumbent upon it under Article 36 of the Vienna Convention on consular relations. This means that Pakistan has now to provide India consular access to Kulbhushan Jadhav.

Why Mr. Jadhav is not a spy? 

Former Indian Navy officer was claimed to be in service officer and a RAW agent by pakistan and thus accused to be perpetrating unrest activities in Baluchistan and Pakistan.

• Mr. Jadhav was commissioned in the year 1991 and joined National Defence Academy in 1987, if he would have been in service when he was caught he least would had been a CAPTAIN or COMMODORE after 26 years of service. But he is still a commander which is a Lt. Col equivalent rank.
• He retired in year 2001 and there are service records of it.
• If we assume he was an RAW agent, then it will be very difficult to explain why such a senior officer of RAW was doing on field as it is not a practice amongst SPY agencies.
• He was found with an Indian passport, why would RAW who can easily forge a pakistani passport would send its spy with Indian passport in pakistani territory.
• The region where pakistan claims he was found, has absolutely no vegetation and no people. So assuming he was involved in terrorist activities there is impractical. Rather charges of smuggling would had been more implicable as that border region is renowned for it.

Next challenge for India and Mr. Harish Salve, will be to make pakistan adhere to ICJ’s decision. Pakistan rarely has a choice to not to abide by the decision as

• It’s International image is at stake.
• It has violated Vienna convention.
• Death penalty to an innocent Former Indian Navy officer, would resent relations to further low and could even cause skirmishes between the countries.
• In times of economic crisis pakistan cannot afford to worsen its relationship with India nor India’s allies.

Indian diplomats should continue with its stern stance to bring its citizen home. Jai Hind!!!

The US and Iran are at loggerheads since the 1979 Islamic Revolution, which witnessed the overthrow of the Shah, an American ally in the Middle East, and brought Iran under a clerical regime antagonistic to the US and its involvement in regional politics.US sanctions in the 1980s and 1990s were intended to check Iran’s regional activities and compel it to cease support for terrorism. After the discovery of Iran’s clandestine nuclear programme, the US focus shifted to preventing Iran from acquiring nuclear weapons. Thus, the Iran Non-proliferation Act (later renamed Iran-North was enacted to prevent transfer of material and technology that can help Iran acquire weapons of mass destruction (WMDs). But despite US sanctions, International Atomic Energy Agency (IAEA) reports detailing Iran’s violation of the Non-Proliferation Treaty (NPT) was signed in 1970, and UNSC resolutions imposing sanctions, Iran continued to pursue and expand its nuclear programme. The statement of Iranian leaders on various occasions that their nuclear programme is only meant for civilian purposes and that the country is not developing nuclear weapons did not convince the US and the international community of Iranian intentions, especially as Tehran continued to drag its feet on opening all its nuclear facilities for inspection by the IAEA.

In 2015, the P5+1 and Iran signed the JCPOA to restrict Iran’s nuclear enrichment activities and prevent Tehran acquiring nuclear weapons capability in the immediate future.Subsequently, UNSC resolution  endorsing the JCPOA and affirming that full implementation will lead to the lifting of economic sanctions was signed.

On May 08, 2018, President Trump announced the decision to withdraw from the deal, accusing the Iranian regime of pursuing a regional agenda of harming core US interests in the Middle East. Announcing the decision, President Trump termed the Iranian regime as “the leading state sponsor of terror” and argued that Tehran “exports dangerous missiles, fuels conflicts across the Middle East, and supports terrorist proxies and militias such as Hezbollah, Hamas, the Taliban, and al Qaeda.” He also termed the JCPOA as “defective at its core” since it would have allowed Iran to eventually acquire nuclear weapon capability even if Tehran were to fully comply with its provisions.After withdrawing from the JCPOA, the Trump administration reimposed economic sanctions on Iran including on its export of crude oil which came into full effect on November 05, 2018. However, a waiver was offered to eight countries on importing Iranian oil for 180 days, which came to an end on May 02, 2019.

India-Iran Relations

India has strong bilateral relations with Iran. In addition to cultural and historical links, the two countries look at each other as important regional actors who have contributed positively to stability in their respective regions. New Delhi and Tehran have maintained robust political engagements since the 1990s. During his visit to Iran in May 2016, Prime Minister Narendra Modi and President Rouhani had agreed to strengthen the relationship drawing upon historical linkages and geographical proximity. The same sentiments were reflected when President Rouhani visited New Delhi in February 2018. At the moment, the core of the relationship lies in strong bilateral trade, crude oil imports from Iran and cooperation in the development and operationalisation of the Chabahar Port.

IMPACT ON INDIA

In today’s  world ,where woman are competing with men in almost every field  opened up to them & defying patriarchal norms What problems does it present to Indian Army from inducting them into combat roles?  Or are the red flags raised only to create a reef ?

In this blog I will  try to answer this question to the best of my knowledge not with a misogynistic view and leave it to readers’ discretion.

Women a symbol of care and seen as Mother , Sister, Daughter & a Goddess in patriarchal Indian  society  was deprived of education and universal adult franchise long until Independence. After Republic of India was formed they were encouraged, promoted & given reservations over subsequent years in different service sectors except armed forces until 1993 when their induction began into Air force , Navy & Army.

Today women comprise of 13% in Air force, 6% in Navy and 3% in Army. Their roles being restricted to support corps. Challenges it present to broaden their role are

A) Physical limits for a man and woman are different. Body types , body shapes and testosterone make all the difference. Men have 40% & 33% more muscle mass in upper and lower body compared to women. Not only that former’s muscle are stronger pound for pound by about 10%.

Risk of injuries to women in training is also as high as 30% as that to 10% in men and this too not in highly specialized combat or commando  training but rather in milder versions of it.

Though I think physical limits are least important constraints as it is easiest trainable entity if we have time , but that is the question. Do we have time? Training period for women candidates is 1 yr at max it can be stretched to one and a half year to equal out with training period of male IMA cadets but is it enough for a average Indian girl ,who most probably haven’t played any sport for years and is not a MARY KOM OR GEETA PHOGAT to replace a rather better fit candidate in combatant role just for the sake of female representation at borders. It takes Years to make a MARY KOM ,who is tougher than most of the guys and can whop any boys ass in a fight but we dont have Years . More than that metal capabilities are also equally important as physical attrosciousness which is hard to find. Even if we get a girl who can get as aggressive as a boy and is tougher than him social factors play in …

B)  In combat operations and border outposts conditions are harsh. Officers and men live in a 3 * 3 tent . Their are no washrooms 76% of our posts dont have basic facilities like clean drinking water, good food , electricity or all requisite medical facilities unlike that of european or developed countries. Imagine a girl coming from  tier 2& 3 cities staying with men coming predominantly from villages in such harsh conditions. Where their are no medical facilities to cater for her special needs nor bathrooms.

Our social environment is not as modern as that of scandinavian countries to let both genders sleep in on tent. Boys & girls in villages hardly interact altough situation is a bit better in metro cities but that is not where majority of soldiers come from. Generals of  US forces have also highlighted the fact of behavarioul changes in guys when a girl is brought into the group.

Behind the closed doors, boys hold each others back .Things are done without being said. The bonds are very deep but a woman officer in the gang may change these dynamics. Possibility of acts of indiscipline in animal like conditions cannot be ignored.

C) Change is essence of existence and things must only change if current state is not good or if the act brings any improvement. Neither of the above two conditions seem to follow if women are put in combat shoes. Men are doing very well and so are women providing them support to carry out their jobs efficiently. And support role is not second to any. Not all male officers are in infantry, armoured core or mechanised infantry , these doesn’t mean that they don’t serve their country or are not bravehearts.

Thank you.