The abrogation of Article 370 and 35A was a most significant action of the central government in the history of India. The aim of abrogation these articles was to integrate Jammu and Kashmir into India so that they can avail the opportunities which are not available to them as they had separate constitution. To provide the democratic rights to the marginalised section of the State was also one of the prime objectives of abrogation of Article 370 and 35A. After two years, this action of the government seems to have produced positive impact on the marginalised section of the society.
It is an undeniable fact that Article 370 acted as a hurdling block in the way of economic and social and political growth of the erstwhile state of Jammu and Kashmir. The worst affected community was those of Displaced persons of PoJK (1947) and Chhamb (1965/1971), West Pakistani Refugees of 1947, people belonging to scheduled caste (SC), scheduled tribe (ST) and other backward castes (OBC). The West Pakistani Refugees were the most marginalised groups among these sections because they were not given any citizenship rights despite of residing in the State of Jammu and Kashmir for the last 40 years. The present number West Pakistan Refugees (WPRs) is around 4,00,000. And such a large number of populations was considered aliens in their own country. They were denied all democratic rights. In the absence of the citizenship rights, they were even not eligible to get any basic education, job and other state sponsored benefits. But now after the abrogation of Article 370 West Pakistan Refugees now enjoy all democratic rights as citizens of the country. They are also given citizenship and property rights. They are now eligible for domicile certificate of J&K thereby opening doors to them for Govt jobs and all other benefits. Government has also announced financial assistance of Rs. 5.50 lakh per family.
The displaced persons of PoJK had also suffered a lot in the wake of Article 370. But now after its abrogation, they are now availing benefits of many kinds. Recently, Government of Jammu and Kashmir announced reservation in direct recruitment and admissions in various institutions for the residents of International Border (IB). Displace Persons of PoJK/ Chhamb, are mostly residents of border villages and they are going to be benefitted. Not only this, the government has also announced financial assistance of Rs 5.50 lakh per family of Displace Persons of PoJK/ Chhamb under PMDP-2015.
The people belonging to the Scheduled Castes and Other Backward Castes has suffered the brunt of Article 370 for over 70 years. The most disadvantaged castes (SC) employees were not getting full benefits of reservation especially in promotion like their colleagues in the rest of the country Sanitation workers belonging to the Valmiki community in the state were being denied citizenship rights. As a result, they could not get other jobs forcing them to remain sanitation workers. There was also no reservation for OBCs in any of the government institution and jobs. But after the abrogation of Article 370, these groups of the society have got benefited by reservation enjoyed in other parts of the country. All sanitation workers are now getting full citizenship and other rights and benefits. Manual scavenging is banned under the central Act of “Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013”. National Commission for Sanitation Workers Act, 1993 is now going to apply in the Jammu and Kashmir. These steps taken will improve working conditions of sanitation workers and provide for redressal of grievances. Other Backward Castes in J&K are also going to get full benefits of reservation in employment and education- now like in the rest of the country.
The scheduled tribes in the Jammu and Kashmir have also suffered under the application of Article 370. There is nearly 12% population of Gujjars, Bakerwals and others scheduled tribe in the union territory. They are identified as the Socio- economically disadvantaged tribal community who had no political reservation. Not only this Tribal Communities residing in forests since generations had no rights or protection. But now the situation has changed after the abrogation of Article 370. Scheduled Tribes are now going to get political representation through reservation in Regional Parliament seats like in the rest of the country. The Scheduled Tribes & other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 has now been made applicable. Rights of Tribal Communities residing in forests now will be protected.
