The op-ed piece by Mr Anand Sahay in ET dated 31st October, ironically on the birthday anniversary of Sardar Patel, the unifier of the nation, opens with a dire warning – Don’t invite chaos, or worse, to the Valley by removing Article 35A . From there on, the article goes on to make many misleading statements on the accession of J&K and various laws applicable to J&K.His advice to the judiciary not to look at Article 35A is not based on any legal position but on pernicious grounds that the matter is being raised by the RSS or people inspired by the RSS. Mr Sahay doesn’t even once admit that Article 35A was never presented in Parliament for approval, though it was an amendment to the Indian Constitution.It was inserted into Appendix I of the Constitution in 1954 by a directive of the President, who did it, presumably, at the behest of the then Prime Minister Nehru. We have no clue why the upright President blinked. This legality is being challenged in the courts, not the Article.Such an important Article that according to Mr Sahay holds J&K together was unknown to most legal luminaries including the famous interlocutors’ team appointed by the UPA. It was never brought up even once in their report, though the report mentioned Article 370 as the centrepiece of the Kashmir strategy. Article 35 provides for powers of Parliament to protect fundamental rights. Article 35A went against this very spirit of Article 35.Article 5 of the Constitution confers citizenship on all citizens of India, including J&K, and subjects of J&K became citizens of India as per this law when J&K became part of the Indian dominion. It is a singular citizenship... The plain fact is that citizenship is not governed by the Instrument of Accession, Article 370 or 35A.To clarify the confusion created by Mr Sahay, read the Preamble, Section 3 and 147 of J&K State Constitution.Article 370 has not been mentioned there. So connecting Article 370 with accession is baseless. Section 3 of the J&K Constitution clearly states, “Relationship of the State with the Union of India: The State of Jammu and Kashmir is and shall be an integral part of the Union of India.”In case Article 370 is abrogated, even then Article 1 of Indian Constitution and Section 3 of J&K Constitution stays. J&K Assembly cannot amend Section 3 of J&K Constitution as has been clearly laid in Section 147 of J&K Constitution.Article 35A is obnoxiously anti-women. For example, a woman married to a non-citizen of J&K cannot bequeath her assets to her children; and her spouse doesn’t become a domicile of J&K. But a non-domicile woman marrying a local man becomes a full-fledged domicile of J&K and her children get all the rights.One of the most cringe-worthy clauses in 35A is that a son of SC conservancy staff who were brought into J&K in 1956, can only become only a ‘safai karmachari’, nothing more even if he becomes highly qualified.But our progressive liberals will never speak about this state-sponsored atrocity. The Maharaja’s laws were very progressive. They had some space for a long-time resident (with ijazat nama and raiyatnama) who was an asset to the state to be granted PRC.The Maharaja also gave the right to business and industry to buy land and also get PRC. But 35A leaves no door open for deserving persons; it clamps a blanket ban on every outsider.Look at the irony of it all. A refugee from Lyallpur landed up in Punjab and went on to become one of the longest serving PMs of India, while others from the same area who by quirk of destiny landed up in Jammu are homeless, bereft of any rights and securities of being a domicile of J&K though they are rotting in the open for last 70 years. Not one or two, but 2.5 lakh unfortunate human beings.Their sin is they are Hindus, that too majority of them SC/OBC. This also reminds me that there are no political ST reservations in J&K, courtesy Article 370, though there are about 12% ST brethren. Even 73rd amendment of Panchayati Raj is not implemented. And we are talking of “enlightened” state leadership through the glasses of 370 and 35A etc.All these warnings about “ anjaam theek nahi hoga (the consequences can be dire)”, etc. come for people residing in five of the 10 districts of Kashmir valley. Has any champion of 35A or 370 or Kashmiriyat ever met 50% of non-Sunni Muslims like Shias, Bakarwals, Pahadis, Gujjars, Sikhs, Buddhists, Hindus, etc. to understand the pain of discrimination they face – political as well as economic?I request opinion leaders not to mislead people with falsehoods and misrepresentations when Jammu & Kashmir is on the thin edge of the wedge. On one side is elusive peace and on the other is abyss of continuous strife. You may treat the RSS as untouchable, but we all should have national interest at heart.(Sharda is author of ‘Secrets Of RSS’)