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| 2nd Anniversary of Abrogation of Article 370: Ushering in an New Era of growth & Development | | |
Irfan Ahmad Shah
On 5th August 2019, Union Home Minister announced in the Parliament, the introduction of the bill for the reorganization of Jammu and Kashmir leading to the bifurcation of the erstwhile state of Jammu and Kashmir into two Union Territories of Jammu & Kashmir and Ladakh. Article 370 had proved to be an inhibitor for the growth and development of the region and with its annulment, the region is witnessing a rapid pace of all-round growth and development. Several indicators are confirming that the region is witnessing a fast pace of all-round growth. The newly carved union territory of Jammu and Kashmir has witnessed an unprecedented level of growth and development in multiple sectors since the abrogation of article 370. In the erstwhile state of Jammu and Kashmir the women, deprived classes and other backward castes of the society were heavily discriminated against and were deprived of even their basic rights.
The property rights in the erstwhile state of Jammu & Kashmir were heavily biased against the women. Women in the erstwhile state of Jammu and Kashmir, if married outside the state were deprived of all the property rights. Even their state citizenship was annulled once she had married outside the state. One of the major advantages of the abrogation of the Article-370 has been the unshackling of the chains of bondage of women allowing them an equal social status in the society.
With the scrapping of the controversial Article-370 by the Government of India, the women would no longer be deprived of their property rights in J&K if they get married to a non-resident. Article 35A, which emanated from Article 370, prohibited them to be property owners if they marry an outsider. Article 35A also empowered the J&K government to decide who could be a ‘Permanent Resident.’ Only a permanent resident could acquire land, get a government job, settle in the state, etc.
Another section of the society, whose deprivation continued unabated till the abrogation of Article-370 are the refugees from West Pakistan. They had been deprived of the citizenship of the state and were not issued the permanent resident certificate (PRC). Similarly, the sanitation workers brought in the state in 1953 to quell protests were also deprived of their citizenship rights. Both of these marginalized sections of the society were unable to get employment in the state and were also deprived admission in the state-run educational institutions due to being deprived of the citizenship of the state. Abrogation of Article 370 of the Indian Constitution ushered in a new ray of hope for these two marginalized sections of the society.
The severe discrimination against the refuges of West Pakistan in the field of Jobs, employment, education, government schemes which was perpetuated by the Article-370 is now a thing of the past. With the abrogation of the controversial Article, these people can now avail the benefits of the Central reservation reserved for the people belonging to the Scheduled and other backward castes from which they had been deprived till now. Also, the refugees from West Pakistan are now having an equal right over the employment opportunities in the Union territory of Jammu Kashmir which wasn’t the case till Article-370 existed. These developments will further motivate the younger generation to have high hopes and aspirations from their careers. They can now avail the vast opportunities especially in the field of education, employment and other avenues for the betterment of their future. For the first time since their displacement, the refugees from West Pakistan are made to believe themselves as being equal citizens of the land on which they live and work. “Sky is the Limit ‘’ for the new generation youth of the West Pakistan refugees as the chains of the bondage has been finally unshackled and their wings have been set free to live the life of their dreams.
A particular postulate of the controversial Article 370 of the Indian Constitution barred outsiders from acquiring property in the state. Citizenship was denied to outsiders irrespective of the number of years he had spent in the state. By imposing such restrictions, Article-370 made integration of J&K with the rest of India difficult.
Also, being denied the rights to acquire property in the state led to a sense of alienation among people coming from outside. Social science experts have also maintained that among several drawbacks of Article 370, the most under-talk has been the threat it posed to the fabric of social inclusion. “When an individual from outside Jammu Kashmir and living in J&K is discriminated against, he is bound to carry the sentiment back to his own village”, observed an expert from Jammu region.
Similarly, the heavily restrictive land laws restricted the free flow of investment from the rest of the country into Jammu and Kashmir. The region, thus, missed an opportunity to be a part of India’s growth story. With the implementation of the Central laws in the Union Territory of Jammu and Kashmir following the abrogation of Article-370, the Right To Education (RTE) shall be applicable in the region thus allowing the children belonging to the deprived sections of the society to have access to high quality education free of cost. Additionally, several other central laws extending benefits to the marginalized sections of the society shall also be now implemented in J&K. Abrogation of the Article-370 provides a unique opportunity for the youth, women along with the marginalized sections of the society to be a partner in the growth & development of the state by taking advantage of the immense opportunities which have now been made available in the region. |
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