Revocation of Special Status – A new dawn for Hindu Daughters of Jammu Region

This Research Paper is written by Vanshika Gupta, a Third Year B.A LL.B (Hons.) Student at University of Petroleum and Energy Studies, Dehradun.


The article talks about the Revocation of Special Status – A new dawn for the Hindu daughters of the Jammu region, in this article the impact on the life of the females of the revocation of Article 370[1] is discussed. Articles 370 and 35A discussed how the major obstacles to development deprived the inhabitants of Jammu of their basic fundamental rights. It talks about how the revocation of Article 370 has been bliss in the lives of the women. Also, it talks about the fact that the women in the region of Jammu have granted equal status as the rest of the Indian citizens. Also, it will talk about the impact of the development and welfare schemes on the females of that region.


Article 370 under part XXI gave the state of Jammu autonomy as it had its constitution, a separate flag, and the freedom to make laws. Despite this, the central government had the power to interfere in the matter of defense, foreign affairs, and communications, which limited the imposition of the Fundamental Rights in the region of Jammu. Due to which people in the region were deprived of certain human and welfare rights. Thus, due to the state of Jammu, it could not make its own rules in the matter of permanent residency, ownership of property, and fundamental rights. Whereas, Article 35A grants certain rights to the permanent residents of the state. It was because of Article 35A that gender discrimination prevailed in the region of Jammu. This contributes to an advancement of the natural rights of Jammu women, those who are married to strangers and their children, who can share the same rights and privileges applicable to others. [2]

It was revoked by the Prime Minister and the Hindu nationalist Bharatiya Janata Party to integrate Kashmir with the rest of India and to bring Kashmir on the same footing as India.


The revocation of Articles 370 and 35A revolutionized this morbid situation. Articles 370 and 35A undermine the rights and empowerment of women and are discriminatory in terms of gender equality. These articles established classes of citizens as citizens of levels A, B, and C thus, rejecting equality and the dispensation of justice.

The presence of Article 370 was a hurdle between rendering full protection to the fundamental rights to the residents of the state. Because of which, gender inequality prevailed in that area, one of the examples of gender inequality is the property rights, the women were denied equal property rights as men.

The cause of Political, Social, and Economic injustice in the region of Jammu was Article 370 and 35A because of this Article, corruption increased in the state and there was no way out to end it. Article 370 also prevented Indian citizens from claiming property rights in that state. Article 35A [3] deprived the residents of basic human rights, as they had no voting rights, they were also deprived of the facility of the welfare benefits. It was the Constitution of a Muslin state where there was no place for the minority, even the word minority was inserted nowhere in its Constitution.

Most of the youth had to move to big cities for continuing their further studies, as youths were deprived of the educational schemes, but since the scrapping of the Article 370, the youth can continue its further studies in the region itself, which has benefited the female youths as, earlier they were not sent to metro cities for pursuing their higher studies, but since the scrapping of the Article 370 has taken place, the females can pursue their higher studies. Also, equal opportunities are granted to females in terms of employment. Fundamental rights of the women under Article 15 are restored.


The abrogation of Article 370 turned out to be A New Dawn for Hindu Daughters of Jammu Region as it led to the economic growth in the health, educational, and tourism sector. Higher education has boomed across the country, but not at Jammu as the state doesn’t have a single private university, and students are forced to go to other parts of the country, but now with the model PPP in education, students won’t have to travel out of state. Likewise, there are no large private hospitals in the state and patients have to travel to Delhi and Mumbai for treatment. Now, private investment brought quality health care to the state, which will create jobs and turn Jammu into a medical center.

The women in Jammu, Kashmir, and Ladakh were not declared persona non-grata in Jammu State and were allowed Rights similar to the men-folk. [4] Minorities in Jammu such as Hindus, Sikhs, Christians, and Bodhs have been deprived of any minority rights. The women in Jammu were deprived of justice by the provisions of Indian law or by the jurisdiction of Ranbir Civil and criminal laws. Revocation of Article 370 of the Constitution brought justice to these and all other women in India.

In the landmark judgment of Dr. Sushila Sawhney vs State of Jammu & Kashmir, 2002[5], the High Court ruled that the PDP-Congress coalition government introduced a Jammu Permanent Resident Disqualification Act (2004) in the state legislature to deprive women married to non-incumbent PRC of all their legal rights. This law was not only discriminatory between the sexes, but was communal and influenced by political considerations, as it affirmed that the law would not affect subjects of the state who were governed by their laws. [6]

Article 370 and 35A were the biggest obstacle to gender neutrality in the state of Jammu and also acted as a barrier to grant basic rights to citizens of the state. The revocation of the Section brought peace and prosperity to the state. The combination of the unenforceability of constitutional rights and gender discrimination therefore worked against the women of Jammu, and from this perspective, the change to Article 370 facilitates the government’s stated result. For example, women now have access to guaranteed constitutional rights to equality that no longer depend on the disposition or openness of their leaders or the discretion of the law.

However, this is not to say that Jammu had no system in place to uphold the rights of women PR. From time to time, the state legislature made laws that included a set of gender-sensitive provisions. However, as these laws were vulnerable to revocation as easily as they were introduced, they did little for women and instead created uncertainty about the availability as well as the security of women’s rights. The effect of the revocation was that Jammu no longer had a special status and now had to follow the laws of the Indian Constitution, all Indian laws will be implicitly applicable to residents of Jammu as it was stated in the note that The wife or widow of the State of Jammu irrespective of her class whatsoever acquires the status of her husband as a State Subject of the same category as her husband, as long as she resides in the State and does not leave the state for permanent residence outside the state. What has been interpreted as a woman from the Jammu region would lose her state resident status if she marries outside the state of Jammu. On the other hand, if a man marries a non-resident woman, even if she is a foreigner, the property rights of the person will remain intact, which clearly defines unequal treatment based on sex. Whereas, by repealing this Article, women have obtained the same rights as men.

The decision of the government to abrogate Article 370 turned out to be the Dawn for the Hindu Daughters in the region of Jammu as it restored the confidence of the girls and women and also protected them against all kinds of injustice and discrimination faced by them for 70 years in the state of Jammu. Now, the women were guaranteed equal fundamental rights. Now they are treated equally under Article 14 of the Indian Constitution, and they have all the rights guaranteed under the Indian Laws as the rest of the citizens of India, now they have the right to own, buy and sell properties and transfer the same to their progeny. The females of the region can now continue to serve and work without fear of losing employment in case they choose to marry an outsider. The neutering of Article 370 and 35A have served as an elixir to millions of women in erstwhile Jammu who had been deprived of their rights, generation after generation.

Basic rights under the Indian Constitution namely equality before the law, equality of protection of the law, equality of opportunity in public employment, the right to establish an educational institution, the right to commerce/business, etc., guaranteed by Articles 14, 15, 16, 19, and 21 [7]of the Constitution of India were restored, which turned the lives of the Hindu daughters by giving them equal opportunities.


Articles 370 and 35A were major obstacles to development and deprived the inhabitants of Jammu and Kashmir of their basic fundamental rights. Fortunately, it is now a nation, a law, and a Constitution; and the former Jammu state is fully integrated into the Union. With the de-operationalization of Section 370, the women of Jammu are thus empowered with greater equality on these issues. For the women who were permanent residents of Jammu, the decision relating to Articles 370 and 35A facilitates better access to equal opportunities and rights. Also, the Fundamental Rights guaranteed by Articles 14, 15, 16, 19, and 21 of the Constitution of India were restored, which turned the lives of the Hindu daughters by giving them equal opportunities.

At this point, the tangible results of the benefits visible on paper remain to be seen.

[1] Article 370 of Constitution of India,1949

[2]  Akanksha Khullar,, (last visited Sept 14, 2020)

[3] Article 35A of Constitution of India,1949

[4] Priya Sethi,, (last visited Sept 14, 2020)

[5] AIR 2003 J K 83

[6]Priya Sethi,, (last visited Sept 14, 2020)

[7] Article 14, 15, 16, 19, 21 of Constitution of India,1949