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A Win For Progressive Rights: Jammu & Kashmir

Leaving aside the inherent dichotomy of having “special territories” within a nation, the nullification of Article 370 was a win for basic rights that we take for granted here in vibrant democracies such as the United States and India. Introduced in 1954 as a “temporary” provision, the special status had led to an ossification of laws and policies in Jammu & Kashmir (J&K) with women, dalits, LGBTQ and other marginalized groups bearing the brunt of discrimination. 

 

In its seven decades following independence, India had enacted a  number of progressive laws, but their deployment in J&K was blocked by its ‘special’ status.

 

These included laws enabling transparency within the government such as the Right to Information (RTI) to reservations in jobs and education (affirmative action) for lower castes, tribals and other disadvantaged groups. Also blocked were guidelines prohibiting child marriage that had been in force in the rest of India for decades, along with more recently enacted protections abolishing the system of instant verbal divorce (triple talaq) for Muslim women.

 

In 2018, India’s Supreme court had delivered a historic judgment for LGBTQ rights – abolishing a British era law that outlawed homosexuality. Unfortunately, due to Article 370, this protection did not extend to J&K meaning the LGBTQ community in J&K continued to live in the shadows.

 

The women of J&K also faced gender based discrimination. Under Article 370 women who married non Kashmiris, lost the right to reside and own property in the state. The same restrictions did not apply to Kashmiri men. Nullification secured equal marital and property rights for Kashmiri women.

 

Dalits (also known as Valmikis) working janitorial jobs in J&K, were denied resident status despite living in the state since the 1950s. Under the provisions of Article 370 and 35A, generations of these marginalized groups languished as semi-bonded labor restricted to janitorial work. What was worse was that these laws prevented deserving Valmiki students from getting admission into professional college degree programs or taking up non-janitorial jobs. For example, Radhika Gill, who belonged to the Valmiki caste, was denied a job at the Border Security Force despite her having met all criteria, only because of her caste. Similarly, Eklavya could not pursue his dream of becoming a lawyer for the same reason. 


The Gorkha community, who lived in the valley since its days as a princely state, were similarly denied residency rights. In the short time since the abrogation of 370, more than 2,00,000 of these groups have now received permanent domicile permits – the foundation for a more secure and upwardly mobile future. For the Dalits, this change is the foundational piece of identification that enables them to apply for jobs and benefits beyond the confines of what their ancestors were hired to do in the 1950s. Additionally, the government recently passed a bill enabling Valmikis to get all the rights and benefits that other marginalized sections get across the country, something that would not have been possible when Article 370 was in place. 

 

Under article 370, Buddhist majority Ladakh had suffered dire neglect under successive state governments. It lacked educational institutions, healthcare facilities, and even basic communications infrastructure such as a television network. Ladakhi voices were ignored or sidelined. Residents of Ladakh had agitated for a separation from the state since the 1950s and celebrated the nullification of 370 by calling it their “First Independence day”. As a separate Union Territory with a locally focused administration, Ladakh has been seeing a steady stream of investment in infrastructure, industry, and tourism. 

 

There’s hope ahead. 

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