Do You Know What Is Section 370?

By on August 12, 2017
Do You Know What Is Section 370?

Houseboat Dal Lake, Srinagar Kashmir

Section 370, under which Jammu and Kashmir have been given special status as compared to other states of India. Since 1947 to today, this section has been a disputed issue in politics. The BJP and other political parties call Article 370 as anti-India and keep demanding to end it. Today we will talk about what is Section 370 and who created it. After the partition of India and Pakistan in 1947, King Hari Singh of Jammu and Kashmir wanted to remain independent. But after some time Pakistan’s Pashtun tribal army attacked Jammu and Kashmir. To save Jammu and Kashmir from the Pashtun tribal army of Pakistan, King Hari Singh demanded to include Jammu and Kashmir in India. To solve this problem, Jawaharlal Nehru’s disciple N. Gopalaswami Ayyangar presented a draft of 306 A, which later became a 370. But it is worth noting that Section 306 A was drafted by the National Conference leader Sheikh Abdullah with his own hands. And Jawaharlal Nehru made this section a burden on the country for the happiness of his beloved friend Sheikh Abdullah. Due to Jawaharlal Nehru, King Hari Singh had to hand over the legacy of Kashmir to Sheikh Abdullah. Without Sardar Patel’s advice, Nehru had imposed Article 370. For this reason, Nehru and Sardar Patel’s remaining relation were broken. Section 370 was so dangerous that law minister of that time and the creator of the Indian Constitution, B.R. Ambedkar, also refused to implement it. But in the end, because of Nehru’s insistence, Article 370 was implemented in Jammu and Kashmir. Due to which Jammu and Kashmir got some special rights. Under this section, citizens of Jammu and Kashmir have 2 citizenship. Jammu and Kashmir have their own flag. People there do not respect the national flag of India. The term of the assembly of other cities of India is of 5 years. While the term of the Assembly of Jammu and Kashmir is 6 years. The order of the Supreme Court of India is not valid in Jammu and Kashmir. If women of Jammu and Kashmir marry any citizen of India then their citizenship ends. But if women of Jammu and Kashmir marry any Pakistani then that person gets citizenship of Jammu and Kashmir. Due to Section 370, RTI, RTE, and CAG do not apply in Kashmir. Simply put, no Indian law is applicable in Kashmir. The minority living in Kashmir, which is Hindu and Sikh, they don’t even get 16% reservation. In Kashmir, the Sharia law is applicable to women. Under section 370, people outside from Kashmir cannot purchase land in Kashmir. On the other hand, Kashmiri people can buy land anywhere in the country. Jammu and Kashmir have its own constitution. Parliament of India cannot make any law other than Defense, Communication and Foreign Affairs in Jammu and Kashmir. Under Article 370, the President has no right to dismiss constitution of the state. Even President’s rule cannot be applied on Jammu and Kashmir.