Article 370 Myth Vs Fact: From Purchasing Land To Losing Permanent Resident Ship

The Logical Indian Crew India

August 6th, 2019 / 7:23 PM

Jammu Kashmir Special Status Myths Facts

Image Credits: DD News

Article 370 has been scrapped by the Centre. But there are various myths circulating via social media and news channels. We bring you a fact check on the fake news circulating on TV and the Internet on the controversial Article of Indian constitution.

Myth: Article 370 denies a Kashmiri woman right to own land if she marries an outsider.

Fact: The Jammu and Kashmir High Court in its judgment in the State of J&K vs Sheela Sahni case in October 2002 has said that the woman doesn’t lose her their permanent resident status on marrying an outsider. Bills were introduced in the Jammu and Kashmir Assembly to deny this right to the Kashmiri women. But none of them made it through to become an act.

Myth: Special status under Article 370 is only for Jammu and Kashmir

Fact: At the time of independence along with J&K 10 other states were given special powers. While J&K had Article 370, article 371 was made for Maharashtra, Gujarat, Assam, Nagaland, Sikkim, Mizoram, Arunachal Pradesh, and Goa which gives some special powers to these states.

Myth: You cannot purchase land only in J&K

Fact: There are several other states where, despite being an Indian citizen, one cannot purchase lands such as Himachal Pradesh, Arunachal Pradesh, and Nagaland. Due to the social and territorial situation in this state, a non-resident of these states cannot purchase land here.

Myth: Under Article 370 the Indian Parliament cannot increase or reduce the borders of the State

Fact: India Parliament could increase or decrease the borders of state with the help of Jammu and Kashmir legislature since the article says that the “concurrence” of the state government is mandatory for extending a central law on subjects.

Myth: If a Pakistani boy marries a Jammu and Kashmiri girl he gets the State’s citizenship

Fact: The article 35A clearly said that if a Kashmiri woman marries to a non-Kashmir domicile, her husband won’t get any right in the State.

Myth: Majority of Indian laws including CBI, CAG is not applicable in J&K.
Fact: CBI and CAG are operational in the Jammu and Kashmir for decades.


Also Read: TLI Explains: What Is Article 370?


Contributors

Written by : Shubhendu Deshmukh

Edited by : Shraddha Goled

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