Article 370 of the Indian constitution gave special status to Jammu and Kashmir, a region located in northern part of India. The article was drafted in Part XXI of the Constitution titled “Temporary, Transitional and Special Provisions” The Constituent Assembly of Jammu and Kashmir, after its establishment, was empowered to recommend the articles of the Indian constitution that should be applied to the state or to abrogate the Article 370 altogether. After consultation with the state’s Constituent Assembly, the 1954 Presidential Order was issued, specifying the articles of the Indian constitution that applied to the state. Since the Constituent Assembly dissolved itself without recommending the abrogation of Article 370, the article was deemed to have become a permanent feature of the Indian Constitution.
This article, along with Article 35A, defined that the Jammu and Kashmir state’s residents live under a separate set of laws, including those related to citizenship, ownership of property, and fundamental rights, as compared to residents of other Indian states.As a result of this provision, Indian citizens from other states could not purchase land or property in Jammu & Kashmir.
On 5 August 2019, the Government of India issued a constitutional order superseding the 1954 order, and making all the provisions of the Indian constitution applicable to Jammu and Kashmir based on the resolution passed in both houses of India’s parliament with 2/3 majority.
PROS OF SCRAPPING OF ARTICLE 370
Investment, Development and Employment
Removal of restrictions will encourage industry and private investment. This will spur growth and employment leading to prosperity for all. Industrialization of the state will multiply job opportunities for local youth. Local horticulture and food processing will get a big boost. Handicraft industry which was earlier limited to select destinations will now be able to directly export and collaborate both nationally and internationally.
Investment in tourist infrastructure such as hotels and other facilities will increase tourist arrivals. More job and earning opportunities .Film shootings, adventure tourism and religious tourism to grow. PPP models will provide opportunities for local entrepreneurs. Rural tourism will grow.
Education and Health
The sector will boom through PPP model -no compulsion for students to go outside for education. Large private investment in health and education is expected. World class health care providers to open their franchises and health centers to bring top quality health care right at the door steps of the people. These will a lead to employment opportunities and growth. J&K can become a medical tourism hub for the Middle East and East Asia.
Right to Women and Children
Property and all other rights of women marrying outside the State will now be fully protected. All women will now retain full and legal rights on land and all other rights. All Central Acts and Laws protecting the rights of women and children to be made fully applicable to the State. Right to Education shall be extended to J&K to ensure universal education coverage. The Commission for Protection of Child Rights Act, 2005 will now be applicable here and will ensure adequate protection of women and children.
Benefit to schedule caste
All sanitation workers will now get full citizenship and other rights and benefits. Manual scavenging will stop. National Commission for Sanitation Workers Act, 1993 will now apply. This will improve working conditions of sanitation workers and provide for redress of grievances. Other Backward Castes in J&K to get full benefits of reservation in employment and education- now like in the rest of the country.
Local Self-Governing institutions
Now the 73rd& 74th Constitutional Amendment has become applicable. Constitutional status has been given to local self-governments in Rural & Urban areas. All provisions relating to Panchayats and local self-governments to be fully applicable. Panchayats will now get direct funding- people will decide their own developmental priorities. This will lead to strengthening of grass roots democracy.
CONS OF SCRAPPING OF ARTICLE 370
While the permanent residents of J&K stand to lose all special privileges including the right to own property and hold state government jobs, the revoking of Article 370 ends the age-old discrimination against women of the state that chose to marry outsiders.
Kashmiri citizens will no longer have dual citizenship, which is not going down very well with many locals. How the article 370 was revoked has strained the already delicate relations of India with Pakistan.
There were several presidential orders issues under Article 370. Repealing it just like that will create practical difficulties and political vulnerability.
Overall it has instilled fear among a section of citizens about security. Many dread that the way Article 370 was revoked, the government might take similar actions in other states and people will have no say. It is a threat to our democracy.
Certain sections of the society have started threatening that they can now marry Kashmiri girls since they can now marry outside of J&K state without losing their citizenship. This is sexist and is a threat to the safety of women in Kashmir.
|Attempts to unite Kashmir with other states of India.||Instilled insecurity in the locals as they have to give away their dual citizenship|
|Propagates One Nation One Constitution Slogan.||Kashmiri Muslims feel it threatens the state’s unity and integrity|
|Open doors for growth and development in the valley||Add on to the political vulnerability and instability in the Valley|
|Private investors can invest and boost the economy of the state||Hampers the delicate relationship with Pakistan. It is like a nail in the coffin|
|Better medical and education facilities can be provided to the residents of the Valley.||Implants the seeds of insecurity in certain section of citizens.|
|Central government can curb corruption since it is a UT now.||The implementation of the abrogation of Article 370 is a threat to the democracy. It is an attempt to polarize and appease the Hindu population in the valley.|
|Authorities are in a better position to curb terrorism and instill peace in the Valley||Safety of Kashmiri girls is questioned. Certain Hindu fascists have threatened to marry girls of the region. This is outrightly sexist.|
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