- The article aims to correct widespread disinformation about the situation in J&K, focusing on the legal and social benefits that have emerged since 2019.
- It provides a detailed overview of Jammu, Kashmir, and Ladakh’s diverse ethnic and linguistic landscape, emphasizing the regions’ unique challenges under the special status.
- It explores how the abrogation has empowered marginalized groups like the Valmikis and West Pakistan Refugees by granting them rights and opportunities previously denied.
- It examines women’s improved inheritance and property rights in J&K post-abrogation, addressing the patriarchal customs that previously restricted their legal rights.
- It highlights the often-overlooked voices of ordinary Kashmiris who have benefited from the abrogation of Articles 370 & 35A, countering the dominant anti-India narrative.
This August was the fifth anniversary of the Abrogation of Articles 370 & 35A and the Jammu and Kashmir Reorganisation Act of 2019.[1] There will be the usual uproar about the violation of the rights of the people of Jammu and Kashmir and their self-determination powered by anti-India narrative setters abroad and domestically. Al-Jazeera/WaPo/NYT. The talking points are always based on the disinformation of a “Muslim genocide by Hindu India” put up by Pakistani lobbyists at international forums. In the midst of this, the voice of the common Kashmiris ‘the silent majority’ who have been trying to amplify their voices, will once again drown in the loud campaigns of the left-liberal-woke cabal of ‘fact-checkers,’ influencers, legacy media, and appeasement politicians who pander to their vote banks. They are a tiny part of the 180 million Indian Muslims of India, that is Bharat. As is happening in the 50+ Muslim majority countries, this rag-tag, influential, and elite bunch of Muslim families dominate the narrative and often hijack organic movements that are demanding basic rights of good governance, honest administration, and securities essential for living in the 21st century and have nothing to do politically or religiously.
A Primer on J&K History and Geography
So, this is an attempt to dumb down the nuances of the realities of living under the Articles and what it meant for the ordinary people of Jammu, Kashmir, and Ladakh to have that “special status.” First of all, people need to be educated about the topography and area of this ethnically and linguistically diverse region of North India—starting with Kashmir, which has the smallest land area of the three regions[2] – 15,948 sq km as compared to Jammu’s 26,293 sq km and Ladakh’s 59,146 sq km. This is without including the territories under Pakistan occupation, what we collectively refer to as PoK or Pakistan-occupied Kashmir. As a fun fact, Ladakh is the largest constituency in India in terms of area, with a total land area of 173,266 square kilometers (66,898 square miles).
Historical migrations, local traditions, and the geographic isolation of many communities have shaped the demographic landscape of J&K. Urbanization levels are relatively low, and many communities still rely heavily on traditional forms of livelihood such as agriculture, pastoralism, and small-scale trade. The Jammu and Kashmir Divisions are part of the Union Territories of Jammu & Kashmir, with Ladakh as another after the Jammu and Kashmir Reorganisation Act of 2019. These territories exhibit a rich cultural heritage with a mix of various ethnic groups and religious practices. As per the 2011 Census[3], the population of Jammu and Kashmir was approximately 12.55 million. The population distribution is roughly 68.31% in Kashmir and 31.69% in Jammu. Kashmir Valley is predominantly Muslim, with a majority Sunni population and a minority of Shia, Ahmediya, Sikhs, Christians, and Buddhists scattered throughout the ten districts. The Kashmiri Pandits, till 1989, were a part and parcel of the social fabric of Kashmiri-speaking Hindus with native ancestry, but the terror pogrom of the Islamic Jihad sponsored by Pakistan and their subsequent ethnic cleansing[4] brought down their numbers to a few hundred. Jammu is a mix of ethnic groups, including Dogras, Gujjars, and Paharis. The region also has a significant Hindu population alongside Muslims and Sikhs.
As per the Jammu and Kashmir Official Languages Act, 2020[5], the official languages include Urdu, Kashmiri, Dogri, and Hindi. English is also widely used for official purposes, while Pahari, Gojri, and Punjabi are spoken in some hilly areas of the Jammu region, the Gujjar and Bakarwal communities, respectively. The official languages of Ladakh are Ladakhi (also known as Bhoti), Hindi, Urdu, and English. Balti and Shina are spoken by a minority in the Kargil district and some parts of Leh. These are facts that not only Western or Middle Eastern people are unaware of but also Indians themselves, who do not take the trouble to get to know their frontier border state.
Legalized Bigotry
So, Article 370 of the Indian Constitution granted special autonomy to the region of Jammu and Kashmir, allowing it to have its constitution, flag, and significant self-governance compared to other states in India. Article 35A, incorporated through a Presidential order in 1954, allowed the Jammu and Kashmir legislature to define permanent residents of the state and provide them with special privileges and rights. Alongside this, the Jammu and Kashmir State Ranbir Penal Code (RPC)[6] was the primary criminal code applicable in the erstwhile Indian state of Jammu and Kashmir. Unlike the rest of India, where the Indian Penal Code (IPC) was enforced, Jammu and Kashmir operated under the RPC due to the special provisions of Article 370 of the Constitution of India.
So, what did it mean to have an RPC (enacted in 1932 during the reign of Maharaja Ranbir Singh, from whom it derived its name) and a legislature to define permanent residents of the state? What did it mean for the Valmiki community, the West Pakistan refugees, and the daughters of Kashmir Valley, be they Pandits, Sikhs, or Muslims?
The state government brought the Valmiki community to Jammu and Kashmir in 1957. This move was undertaken to address a sanitation workers’ strike, and the community was promised permanent resident status in return for their services. The Valmikis, originally from Punjab, migrated to J&K expecting better living conditions and opportunities. Despite the promises made to them in 1957, members of the Valmiki community[7] faced significant challenges in obtaining permanent resident status. Without this status, they were denied various rights and privileges, such as purchasing property, accessing higher education, and securing government jobs in the state. The community had been largely confined to sanitation jobs. Despite the education and qualifications of many of its members, they found it difficult to seek employment outside this sector due to the lack of permanent resident status. Hence, the community faced social stigma and economic hardships. Their contributions to society often went unrecognized, and they struggled with social mobility and economic advancement issues.
The West Pakistan Refugees (WPRs) in Jammu and Kashmir are a significant and historically important group. During the partition of India in 1947, many Hindu and Sikh refugees from West Pakistan (now Pakistan) fled to India to escape communal violence. A significant number of these refugees settled in the Jammu region. Unlike refugees who settled in other parts of India, the West Pakistan Refugees in Jammu were not granted permanent resident status[8] in the former state. This was due to the special autonomous status that J&K enjoyed under Article 370 of the Indian Constitution, which restricted the rights of non-permanent residents. For decades, the WPRs were denied permanent resident status, which prevented them from owning property, accessing government jobs, and benefiting from state welfare schemes. They were not eligible to vote in state elections, although they could vote in national elections. This lack of political representation at the state level further marginalized the community. Without permanent resident status, the WPRs faced difficulty accessing higher education, healthcare, and other social services. Many remained economically disadvantaged and socially marginalized.
From Discrimination to Equality
The abrogation of Article 370 on August 5, 2019, and the subsequent reorganization of Jammu and Kashmir into two Union Territories marked a significant shift, revoking the special status preventing non-permanent residents from obtaining certain rights. This change opened new opportunities for communities like the Valmikis and West Pakistan Refugees (WPRs). Following the abrogation, new domicile laws were introduced, allowing non-permanent residents, including the Valmiki and WPR communities, to apply for domicile certificates. This move aimed to provide them with rights similar to those of other residents, including access to education, employment, property rights, and other previously denied benefits.
Before the abrogation of Article 370 and Article 35A in August 2019, Kashmiri women’s inheritance rights were governed by a combination of local laws and customs that differed from the rest of India. The provision of Article 35A, as part of the Indian Constitution, allowed the Jammu and Kashmir state legislature to define “permanent residents” and provide them special rights and privileges. It also affected property rights and inheritance laws specific to the region. In Jammu and Kashmir, inheritance laws for property were influenced by the personal laws applicable to different communities. For Muslims, Islamic inheritance laws as per Sharia were applicable, providing specific inheritance shares for family members. For Hindus and other communities, the Hindu Succession Act governed inheritance rights. So, if I, as a Kashmiri woman, had married an “outsider,” I would have been deprived of my inheritance rights.[9]
For example, under the “State Subject Law,” precursor to Article 35A, a woman who married a non-resident or someone not considered a “State Subject” could lose her property rights in Jammu and Kashmir. This effectively meant that marriage to a non-local could impact a woman’s ability to inherit or retain property. A Kashmiri woman’s “State Subject”[10] was issued based on her father’s existing one, and upon marriage to a Kashmiri, it was nullified, and the husband’s ‘State Subject’ was the proof she required to get a new one. I still have both of mine, one with my maiden name and the second with my married name. The “State Subject” in Jammu and Kashmir referred to a legal classification determining who was eligible for certain rights and privileges in the region. This classification was established by the Maharaja[11] of Jammu and Kashmir in 1927 through a series of notifications and later incorporated into the state’s constitution and legal framework.
While the majority of provisions in the RPC mirrored those in the IPC, certain sections in the RPC were adapted to accommodate local patriarchal customs and misogynist societal norms. Over the years, the IPC has undergone numerous amendments[12] to address evolving legal needs and societal changes. In contrast, the RPC had relatively fewer amendments and retained many of its original provisions until the abrogation of Article 370. The abrogation of Articles 370 and 35A led to the integration of Jammu and Kashmir into the wider legal framework of India. This included applying the Hindu and Indian Succession Acts to the region. Consequently, women’s inheritance rights became more aligned with those in other parts of India, with improved provisions for gender equality in inheritance. The changes brought by the abrogation have aimed to standardize laws across India[13], including property and inheritance rights, which might offer more uniform protection for women’s rights compared to the earlier provisions.
J&K’s Everchanging Political Landscape
In the ever-turbulent political landscape of Jammu and Kashmir, nothing remains certain. The looming Assembly elections have reignited vote bank politics, threatening the fragile peace in this beleaguered region. The National Conference, a key local political party, has unveiled a manifesto pledging to restore J&K’s Special Status and rename significant landmarks with Islamic names. In response, the Union Government has reaffirmed its commitment to supporting the region’s minorities and marginalized groups[14], including the Pahari community, Valmikis, West-Pakistan refugees, and Kashmiri women. The upcoming contest in the Valley, set for September, will be a battle between truth, justice, and dignity against falsehood, denial, and injustice. October 4th will reveal the outcome of this pivotal struggle.
Citations
[1] indiacode.nic.in; https://www.indiacode.nic.in/bitstream/123456789/15242/1/re-organisation_act%2C2019.pdf
[2] Jammu and Kashmir | History, Capital, Map, Population, & Government | Britannica; https://www.britannica.com/place/Jammu-and-Kashmir
[3] Jammu and Kashmir Population 2024 (indiacensus.net); https://www.indiacensus.net/states/jammu-and-kashmir
[4] The Kashmiri Pandits: An Ethnic Cleansing the World Forgot (satp.org); https://www.satp.org/islamist-extremism/data/The-Kashmiri-Pandits-An-Ethnic-Cleansing-the-World-Forgot
[5] Act No. 23 of 2020 J&K.pdf (prsindia.org); https://prsindia.org/files/bills_acts/acts_states/jammu-and-kashmir/2020/Act%20No.%2023%20of%202020%20J&K.pdf
[6] The Jammu and Kashmir State Ranbir Penal Code, 1989 (indiankanoon.org); https://indiankanoon.org/doc/43821893/
[7] Press Release:Press information Bureau (pib.gov.in); https://pib.gov.in/PressReleasePage.aspx?PRID=1691613
[8] FULL PAPER – Marvi Slathia – Module D (mcrg.in); https://mcrg.in/wp-content/uploads/2022/03/MODULE_D_Marvi_Slathia.pdf
[9] OPINION | How Abrogation of Article 370 Has Changed the Lives of Women in Kashmir – News18; https://www.news18.com/news/opinion/opinion-how-abrogation-of-article-370-has-changed-the-lives-of-women-in-kashmir-5694811.html
[10] Jammu and Kashmir State Subject law explained. Read full document of 1927 – The Dispatch; https://www.thedispatch.in/jammu-and-kashmir-state-subject-law-explained-read-full-document-of-1927/
[11] State Subject to Domicile: The Journey of Indian Citizenship of J&K Residents – Kashmir Rechords (kashmir-rechords.com); https://kashmir-rechords.com/state-subject-to-domicile-the-journey-of-indian-citizenship-of-jk-residents/
[12] Amendments to IPC And CrPC (pib.gov.in); https://pib.gov.in/Pressreleaseshare.aspx?PRID=1808699
[13] In big boost for Modi govt, Supreme Court upholds abrogation of Article 370 in Jammu & Kashmir | India News – Times of India (indiatimes.com); https://timesofindia.indiatimes.com/india/supreme-court-upholds-abrogation-of-article-370-modi-govt-chief-justice-d-y-chandrachud/articleshow/105902407.cms
[14] BJP moves to scuttle Congress-NC pledge to revise post-Article 370 quotas in J&K | India News – Times of India (indiatimes.com); https://timesofindia.indiatimes.com/city/srinagar/bjp-moves-to-scuttle-congress-nc-pledge-to-revise-post-article-370-quotas-in-jk/articleshow/112769863.cms
