The women of Jammu and Kashmir have faced the heaviest brunt of brutality of these two articles. But abrogation of Article 370 and 35A has clearly paved a way for empowerment of women by ensuring them the basic rights for which they entitled. On 5th of august, Union territory of Jammu and Kashmir is going to celebrate the 2nd anniversary of abrogation of Article 370 and 35 A.
On this occasion it is essential to analyze the development in terms of women empowerment and gender equality ushered in the wake of this significant action by the Modi government. Let us first throw a light on how these two articles served as a stumbling block for the women of Jammu and Kashmir. It is an undeniable fact that women have been one of the main disadvantaged sections of the former state of Jammu and Kashmir. They were not just constitutionally denied their rights, there was also erosion of their existing rights Article 35A allowed the Jammu and Kashmir assembly to define who were the permanent residents of the state. The permanent residents were subject to some special rights as only they can acquire land, settle, and get government jobs and scholarships in the state. And once women from the state married outside, they lost their rights to hold immovable property, to work in permanent positions in the state, the right to scholarships and such other forms of aid as the state government provides. Similarly, Article 370 put restrictions on the outsiders to buy any property in the territorial jurisdiction of Jammu and Kashmir.
This became particularly discriminatory for the women of Jammu and Kashmir who decides to marry outside the territorial boundary of the state. On the contrary, if a man from Jammu and Kashmir would marry outside the state or even country, not only would his Rights remain intact, but the spouse and his children would also enjoy all such rights and privileges by way of the provisions of Article 370 and 35A. If looked upon from the humanitarian and feminist perspective, it was greatly discriminatory for the women of the state. It (Article 35 A) was actually a guarantee of privileges and discrimination between the Permanent Resident Certificate (PRC) holders and all those who lived and worked in J&K but didn’t have the PRC, in terms of transfer, owning and disposal of properties, admissions to institutions of higher learning, scholarships, employment, contesting elections to Panchayats, Local Bodies and State Legislature and to the Right to franchise, besides availing any loans from the banks. But with the abrogation of Article 370 and 35 A by the Modi government has clearly done the justice with the women of Jammu and Kashmir by granting them their basic and fundamental rights at par with the women and men in other parts of the country. Property and all other rights of women marrying outside the State are now fully protected. All women will now retain full and legal rights on land and all other rights for which they are entitled. Now it is clearly visible that the annulment of the Article-370 has also allowed them greater access to the opportunities and resources to excel in their fields. Therefore, it is needless to say that one of the major advantages of the abrogation of Article 370 has been the unshackling of the chains of bondage of women of the erstwhile state of Jammu & Kashmir. This significant decision taken by Narendra Modi Government two years back, has restored confidence of all women in Jammu and Kashmir. The abrogation of Article 370 has protected the women against all discrimination and injustice meted out to them for last 70 long years in the erstwhile State of Jammu and Kashmir. Now, as equal citizens of India, they can own, buy and sell properties; and transfer the same to their progeny. They can now continue to serve and work without fear of losing employment in case they choose to marry an outsider. There is no doubt that abrogation of 370 has brought immense opportunities for the people of all walks belonging to Jammu and Kashmir. But women of the newly carved union territory seem to be the prime beneficiary of this move by the Modi government.
