Manuscript Title:

AN IMPACT OF ABROGATION OF ARTICLE 370 IN JAMMU AND KASHMIR ON WOMEN EMPOWERMENT: A STUDY

Author:

Dr. UMA C SWADIMATH, Dr. SHALINI ACHARYA, Dr. GEETANJALI SHARMA, Dr. PRASANNA B JOSHI

DOI Number:

DOI:10.5281/zenodo.11031694

Published : 2024-04-23

About the author(s)

1. Dr. UMA C SWADIMATH - Professor, Faculty of Management Studies, CMS-Business School, JAIN (Deemed-to-beUniversity), Bengaluru.
2. Dr. SHALINI ACHARYA - Assistant Professor & Area Chair, General Management Area, Faculty of Management Studies, CMSBusiness School, JAIN (Deemed-to-be University), Bengaluru.
3. Dr. GEETANJALI SHARMA - Head Learning, MA Program, JAIN Online, JAIN (Deemed-to-be University), Bengaluru.
4. Dr. PRASANNA B JOSHI - Assistant Professor and Head, Department of Economics, Rani Parvati Devi College of Arts & Commerce, Belgaum.

Full Text : PDF

Abstract

Jammu and Kashmir (J&K) popularly referred to as ‘Paradise on Earth’, was historically ruled bythe Dogra dynasty. It enjoyed a Special Status under Article 370 of the Constitution of India. However, this Article was abolished in 2019 with the Act of Parliament under the J&K Reorganization Act of 2019. The act re-constituted the former state of Jammu and Kashmir into two union territories, one being Jammu and Kashmir and the other being Ladakh, with effect from31 October 2019. Jammu & Kashmir known for its’ scenic beauty and snowcapped mountains have always been a bone of contention between India and Pakistan besides claims from China. Being a military & terrorist disrupted state, women had to face severe atrocities like domestic violence, physical torture & kidnapping and living under constant threat to their life & dignity. In order to integrate Jammu and Kashmir with the Indian Union in all respects, Article 370 whichaccorded special status to the state was abolished. Hitherto, women marrying outside the state hadno rights to ownership of land. There was no protection of women from domestic violence. Rightto Education which makes education a fundamental right for children in the age group of 8- 14 years was not applicable to the state of J&K. Prohibition of Child Marriage Act, Juvenile Justice Act etc were also not applicable. Article 370 and Article 35A of the Constitution, which gave J&Ka special status, did not allow all laws of India to be applicable to the state. Article 370 became responsible for poverty, lack of development in education and health, among other sectors. Anti- corruption agencies were denied entry in J&K due to Article 370. The abrogation of Article 370 in J & K is a new constitutional development in Indian history. As a result of the abrogation of Article 370, allthe rights enshrined in the Constitution of India and benefits of allthe Central Lawsthat are enjoyed by other citizens of the country are now available to the people of Jammu-Kashmirand Ladakh. The present study is intended to analyze the impact of the abrogation on the status ofwomen and their empowerment. The study tries to ascertain if the abrogation of Article 370 has improved the status of women, provided them with theirlegalrights and helped to empowerthem.The study is based on empirical and secondary data. A structured questionnaire was circulated among 110 women from Jammu and Kashmir and the survey method was used based on snowballsampling. The study revealed that all Central Acts and Laws protecting the rights of women and children are slowly yet surely reaching the citizens of the states.


Keywords

Abrogation, Article 370, Article 35A, Women Empowerment.