Abrogation of Article 370 ensures Women of Jammu and Kashmir as equal citizens

Quranic provisions on inheritance that give one-third of parental property to the daughters did not apply to the women although violation of these edicts is considered un-Islamic and sinful, even in that case, article 370 did not care about it.

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Only Kashmir Feature

Undoubtedly, women carry humanity forward and are responsible for continuing the human race. Women are the backbone of families and communities. They provide care, support, and nurturing to their families and are essential to the development of children. Women also play a significant role in community building and often take on leadership roles in community organizations.

But some laws, like the former article 370 in Jammu and Kashmir are anti-women in totality. On 5 August 2019 by a masterstroke Article 370 was abrogated. It thus rid Jammu and Kashmir of many grim things. Women were the worst hit, neither they got property rights nor they had all important marriage choices.

The letter and spirit of Article 370 were anti-women and anti-children. It was so disgusting that Article 370 and Article 35A discriminated against women marrying outside the erstwhile State. The children of Kashmiri women marrying outside the state lost permanent resident status and privileges.

Its abrogation had ensured equal rights to women of Jammu and Kashmir with the abrogation of Article 370, which many termed as an “anti-woman law”.
Article 370 was not just anti-national but also anti-Islamic.

Under the provisions of the State’s Constitution that have since been abolished, women’s inheritance was to be done as per the local traditions. This ended in perpetuating the male preference of the families in the distribution and ownership of wealth and property.

Forget about equality, the Quranic provisions on inheritance that give one-third of parental property to the daughters did not apply to the women although violation of these edicts is considered un-Islamic and sinful, even in that case, article 370 did not care about it.

Post article 370 abrogation, Women’s safety is improving consistently with the decline in violence. Also, the positive fact is that new employment opportunities are emerging due to various government schemes, and the overall atmosphere for women is becoming much better and more conducive.

Article 370 abrogation also importantly ensured gender equality. The expert pulse is that Articles 370 and 35 A undermined gender equality by denying women equal rights and opportunities.

It is indeed a fact that the revocation of Articles 370 and 35A has revolutionized this sad and negative state of affairs. Articles 370 and 35A were prejudicial to women’s rights and empowerment and discriminated on gender equality. These articles established classes of citizens as A, B, and C-grade citizens; thereby rejecting equality and dispensation of justice.

Now women of Jammu and Kashmir are equal citizens be it the all-important property rights, job aspirations, or study and it has been made possible by the abrogation of Article 370.

Urdu Translation of this feature column can be read in daily Srinagar Jang’s 29 July 2023 Edition

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