What Is Article 370?
Article 370 of the Indian Constitution is a provision that grants special autonomous status to the region of Jammu and Kashmir. It was included in the Constitution on October 17, 1949, and its purpose was to give the state a certain degree of independence and self-governance. However, the article has also had implications for women’s rights in the region. In this article we will explore what is article 370?.
Under Article 370, Jammu and Kashmir had the authority to make its own laws and regulations. This meant that the state had the power to enact laws that could differ from those in the rest of India. While this autonomy provided certain benefits, it also led to disparities in the application of laws pertaining to women’s rights.
One significant aspect affected by Article 370 was the issue of gender discrimination in the region. The state of Jammu and Kashmir had its own separate laws related to marriage, divorce, and inheritance, known as the “Permanent Residents Law.” These laws were often seen as discriminatory against women, as they granted special rights and privileges exclusively to male permanent residents. For instance, if a female permanent resident of Jammu and Kashmir married a non-permanent resident, she would lose her right to own property in the state. This provision was perceived as a violation of women’s right to equality and non-discrimination.
Furthermore, due to the autonomous status provided by Article 370, certain constitutional provisions safeguarding women’s rights, such as the application of the Protection of Women from Domestic Violence Act, 2005, were not automatically applicable in Jammu and Kashmir. This created a legal vacuum and hindered the protection of women’s rights in the region.
However, it is essential to note that Article 370’s impact on women’s rights was not uniform and varied depending on individual circumstances and interpretations. Over time, efforts were made to address these disparities and promote gender equality. In 2002, the Jammu and Kashmir Legislative Assembly enacted the Jammu and Kashmir State Commission for Women Act, which aimed to establish a commission for the protection and promotion of women’s rights in the state.
On August 5, 2019, the Indian government revoked the special status of Jammu and Kashmir by abrogating Article 370 and bifurcating the region into two union territories—Jammu and Kashmir, and Ladakh. This decision, which came into effect immediately, was met with both support and criticism. Proponents argued that it would lead to better integration of Jammu and Kashmir with the rest of India and facilitate the extension of progressive laws, including those related to women’s rights, to the region.
The revocation of Article 370 has paved the way for the application of central laws in Jammu and Kashmir, including those related to women’s rights. The move aimed to ensure that women in the region have equal rights and protections as their counterparts in the rest of the country. It is expected to bridge the gaps in gender equality, address discriminatory practices, and provide a more inclusive legal framework for women in Jammu and Kashmir.
In conclusion, Article 370 of the Indian Constitution granted special autonomous status to Jammu and Kashmir, which had implications for women’s rights in the region. The autonomous status resulted in separate laws that were perceived as discriminatory against women. However, with the abrogation of Article 370, there is an opportunity to bring about greater gender equality and extend progressive laws to protect and empower women in Jammu and Kashmir. The revocation of Article 370 is a significant step towards ensuring equal rights and opportunities for women in the region.