06 Aug Article 35 A Revoked : One More Feather In Women’s Cap
Women are becoming the victims due to domestic violence, social practices, armed conflict and militancy in the state. The conflicting situation in Jammu and Kashmir had snatched the women’s right and hit their hardship. No one had an idea of how many women became a widow and also have the duty of upbringing their children. The women in many regions of Jammu and Kashmir were still facing the issues and issues related to education, well-being, domestic violence, policymaking, declining sex ratio, state violence, dowry nuisance, eve-teasing, unequal pay, child labour, and female feticide and infanticide, etc.
To overcome these issues central government, the state government has worked for hand in hand and made a historic move by revoking article 370 and 35 A.
In preparation for this move, the state witnessed increased security deployment over the weekend while top state political leaders were placed under house arrest last night and the curfew was imposed on Monday morning.
Modi government’s decision will have a big impact on the lives of Kashmir residents. Here’s a look at the special privileges hitherto enjoyed by J&K that now stand to be revoked:
Earlier under article 35A discriminatory interpretation of the state subject law was based on gender. A male permanent inhabitant of J&K can marry a non-state topic and not lose any rights.
The former chief minister and National Conference leader Farooq Abdullah married a British woman, Molly, who went on to get state focus rights, as did his children. Farooq Abdullah’s son, Omar Abdullah, also went on to become the CM of the state and his children have inherited the state subject rights without any hiccups.
Contrary to this, a woman from J&K who marries a non-state subject is punished — she loses many of her state subject rights. Her husband and children are disbarred from acquiring the state subject status. Her children cannot inherit her property, cannot get entry into government colleges, cannot get government jobs — and cannot vote.
A friend married to a non-state subject, an army officer serving in Kashmir currently, has lost her full state subject rights. This friend, being a single child, is the sole caregiver to her grandparents and ageing mother. She lives with them in Jammu and with her girl child. A girl child who has lost her inheritance and state subject rights because of the gender discriminatory Article 35A.
The Kashmiri leaders were proudly fighting tooth and nail to protect this discriminatory and inhumane article.
Of course, there are some Kashmiris who are celebrating the government’s decision. The Article also referred to as the Permanent Residents Law, had thus far barred a woman (belonging to the state) from any property rights if she marries a person from outside the state. The provision also extended to the children of such women as they do not have any succession rights over the property. The revoking of Article 370 ends the age-old discrimination against women of J&K who chose to marry outsiders.