Common Myths About Article 370
Many of us appreciate or don’t like the article 370 which gives special status to the state of Jammu and Kashmir but we don’t know about it. Read the article about Myths About Article 370 and decide whether to accept or reject that article. (Our article is acceptable!)
DUAL Citizenship? : Not exactly true
The state of Jammu and Kashmir has created a special type of residents who are called Permanent Residents (PRs). They are the ones who can buy or own land in the state of Jammu and Kashmir. So, the PRs are still Indian citizens having Indian passports. In the broader sense, it is certainly not a dual citizenship. However, if we consider it more specifically and technically, it is dual citizenship. Since only some of the citizens of the country, i.e. Jammu and Kashmir citizens, have the PRs, and rest of the country doesn’t, it can be considered to be dual citizenship.
Separate National Flag? : True
Jammu and Kashmir is the only state of the Indian Union which has a separate national flag. They hoist the flag on auspicious occasions along with the Indian national flag. (Source- lawmin.nic.in )Separate Constitution? : True
The most controversial part of the article 370 is that it gives the right to the state to have a SEPARATE CONSTITUTION. This caused a controversy when late Shyama Prasad Mukherjee formed a political party (Bhartiya Jansangha, now, Bhartiya Janta Party) by resigning from the Jawaharlal Nehru government, started a movement against it and died while in custody of the Jammu and Kashmir police. He gave the slogan “Ek desh me 2 vidhan aur 2 pradhan nahi chalenge” (We cannot have 2 constitutions and 2 heads in a single country). The state of Jammu and Kashmir has to give permission to all the laws passed in the national parliament before they are executed except in defense, foreign affairs, etc.According to the supporters of the article 370, this gives the state of Jammu and Kashmir the power to develop on its own like Hong Kong (it is a part of China but has its own constitution).
But the ones opposed to the article say that it reduces the powers of the Indian parliament which is the greatest law making authority in India.
MLAs have six-year terms? : True
The state of Jammu and Kashmir has the longest running legislative assembly of 6 years whereas all the legislative bodies in India have a term of 5 years.Insults to National Symbols are not a crime? : Not true.
The Prevention of Insults to National Honour Act, 1971 is an Act of the Parliament of India which prohibits desecration of or insults to the country's national symbols, including the National Flag, The Constitution, and the National Anthem. "It extends to the WHOLE of India. Another act Emblems and Names (Prevention of Improper Use) Act, 1950, "It extends to the WHOLE of India, and also applies to citizens of India outside India.” Whenever the state of Jammu and Kashmir is exempt from any act, it is specified separately. For example, in case of the Indian Penal code, it extends to "whole of India EXCEPT the State of Jammu and Kashmir". In the state of Jammu and Kashmir, the counterpart of IPC is known as Ranbir Penal Code (RPC).SC lacks jurisdiction in J&K? : Not true.
This is one of the most common myths prevailing in our country about article 360. In 1954 vide Constitution Application Order of 1954, the jurisdiction of the Supreme Court was extended to the State of J&K.Women of J&K lose PR when married to a non-Kashmiri Indian but don't when married to a Pakistani? : true
Though the law did not discriminate between female and male PRs, an administrative rule made it clear that women could remain PRs only till marriage. After that, they had to seek a fresh right to remain PRs. And if a woman married someone who wasn’t a Kashmiri PR, she automatically lost her own PR status. In 2004, the state high court declared that there was no provision in the existing law dealing with the status of a female PR who married a non-resident. The provision of women losing their PR status after marrying outside the state, therefore, did not have any legal basis. A People's Democratic Party government, led by Mehbooba Mufti, passed a law to overturn the court judgment by introducing a Bill styled “Permanent Residents (Disqualification) Bill, 2004’. This was not Mufti’s solo effort. Omar Abdullah’s party, the National Conference, backed this Bill and got it passed in the assembly. But it did not ultimately see the light of day for various reasons." The Bill was passed in the Lower House with a voice vote and was headed to become a law with its passage in the Upper House when it attracted controversy, didn’t go through the Upper House. Since then, there has been another attempt to pass the Bill — in 2010 — but in vain. Regardless, the J&K HC’s 2004 order that allows women from J&K to retain their permanent resident status, even after they marry non-state subjects stands.There is no RTI act in J&K and CAG is not allowed there? : Not true.
The Jammu & Kashmir Right to Information Act, 2009 came into force on 20 March 2009, repealing and replacing the erstwhile Jammu & Kashmir Right to Information Act, 2004.The Comptroller and Auditor General (CAG) of India is an authority, established by the Constitution of India under Chapter V, who audits all receipts and expenditure of the Government of India and the STATE GOVERNMENTS. No exception stated here.
Women in Kashmir come under the purview of Sharia Law? : Not exactly true.
All the Muslims in India have their own law, the Shariya law instructed by the Indian Muslim Personnel Law and so, there is no special case for the state of Jammu and Kashmir.Panchayats are not recognized in Jammu and Kashmir? : Not true.
There is no 16% reservation for Hindu-Sikh minorities in J&K? : True
the Muslims constitute 67% of the population, the Hindus about 30%, the Buddhists 1%, and the Sikhs 2% of the population of the state. Nobody gets any reservation in the state although there is demand for that.
No land ownership in J&K for non-Kashmiri Indians? : True.
Only the Permanent Residents of Jammu and Kashmir can buy and own land in the state, not allowed for the citizens of the rest of the India.Citizens of Pakistan can get Indian citizenship by marrying any Kashmiri girl? : Not enough research :
According to my research, I can say that the woman gets the Pakistani citizenship since Indian law does not allow dual citizenship and hence loses the Indian citizenship. So, the Pakistani cannot get the Indian citizenship.
(The information has been taken from Wikipedia, Quora, and many other websites along with those who have been mentioned in the article).
If there is a mistake in any of our article’s points, please comment here. We look forward to our readers’ suggestions.
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