Legal ABC
Brief Introduction To Section 370
The central government has today removed Article 370 by snatching the special status of the state of Jammu and Kashmir by the President’s order. Home Minister Amit Shah gave a big statement on Jammu and Kashmir in the Rajya Sabha today. Announced the removal of Article 370 from (Article 370). With this, he said that many sections of Article 370 will not apply. Only block 1 will remain. He also said that Jammu and Kashmir will be made a separate union territory and Ladakh will be made a separate union territory. As soon as Amit Shah announced this, there was a ruckus in the Rajya Sabha.
Before this big announcement, there is complete silence on the roads of Jammu and Kashmir. Section 144 has been implemented and internet mobile services have been discontinued. Some officers have been given satellite phones so that the central government continues to get information. Earlier, 35 thousand additional security forces have been deployed there. Also, the Amarnath Yatra was canceled midway.
Now the question arises that what is Article 370 and what is the meaning of its removal? As per the provisions of section 370, Parliament has the right to make laws regarding defense, foreign affairs, and communication about Jammu and Kashmir but to implement the law related to any other subject, the Center needs the approval of the state government. This is how you can understand it:
What is Article 370?
-Due to this special status, Article 356 of the Constitution does not apply to the state of Jammu and Kashmir.
-For this reason, the President does not have the authority to dismiss the constitution of the state.
– The citizens of Jammu and Kashmir have dual citizenship (India and Kashmir).
– Parliament of India can make laws in relation to Jammu and Kashmir in a very limited area.
– The national flag of Jammu and Kashmir is different. It is not mandatory for the citizens of there to honor the national flag of India.
– Under this, an Indian citizen has the right to buy land anywhere in India, except in the states having special rights. That is, people of other states of India cannot buy land in Jammu and Kashmir.
– Article 360 of the Constitution of India under which there is a provision for imposing financial emergency in the country also does not apply to Jammu and Kashmir.
– The term of the Legislative Assembly of Jammu and Kashmir is of 6 years while the legislatures of other states of India have a term of 5 years.
– The orders of the Supreme Court of India are not valid inside Jammu and Kashmir.
– If a woman of Jammu and Kashmir marries a person from any other state of India, then that woman’s citizenship will end. On the contrary, if he marries a person from Pakistan, he too will get citizenship of Jammu and Kashmir.
-Due to Section 370, laws like RTI and CAG are not applicable in Kashmir.
– Sharia law is applicable to women in Kashmir.
– Panchayat is not empowered in Kashmir.
-Due to Article 370, Pakistanis living in Kashmir also get Indian citizenship.
Also Read: DO YOU KNOW WHAT IS ARTICLE 35A?
India is the largest democracy in the world with a population of 1.3 billion people. Democracy is a rule of people but the judiciary system of the world’s largest democracy has failed to serve justice to rape victims in our country. Can we really call this democracy when millions of people are lighting candles, protesting for justice and it is not served to them despite having all the proof?
The Indian Judiciary has been lagging in serving justice to the oppressed. Years ago Nirbhaya rape case was ruling over news channels and newspapers, the story of how brutally nirbhaya was raped and killed is heinous. We were ashamed to not protect our daughter from those monsters but even after the pleas from every Indian asking to hang the rapists, justice was prolonged for years. Nirbhaya died in 2012 and after 8 years of continuous struggle on 20 march 2020, the rapists were hanged to death. The case that shook the entire country took 8 years for the Indian judiciary to conclude despite having all the evidence. What do we call India, a rule of People?
Nirbhaya is not the only victim but there are thousands of others who have not received justice yet. It’s no secret that women in India are not safe. Rape is the fourth most common crime in our country with 88 cases daily on average according to 2019 reports of NCRB. The reason behind that is rapists do not fear the punishment, They believe they can do what they wish and they will manage to find a way out of the police case, which in many cases they do get out without punishments.
Rape is forcing yourself on someone sexually, it does not matter who the victim is. It can be a male or female, married or single. Rape is rape but the Indian judiciary does not believe the same as in India martial rape is not illegal. Once the Chhattisgarh high court said, “ Since the complainant is the legally wedded wife of the accused, any sexual act will not be considered as raped even if it was by force or against her will.”
Madhya Pradesh High Court once served justice to a victim by asking her to tie Rakhi to a molester. Bombay High Court says “groped a child without removing her clothes” it cannot be considered as a sexual assault as there was no skin-to-skin contact. Whereas Karnataka high court granted bail to the accused of rape, criminal intimidation, and cheating by saying “ It is unbecoming of Indian women” to go to sleep after she is ravished.
This is the reason why many women do not file a complaint and many times Indians take the matter into their hands. Such absurd statements degrade the value of the justice system in India. We should stop calling India “ world’s Largest democracy” when the rulers do not get justice themselves.
AASTHA SINGH
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