A
President's Order abrogating certain provisions on Article 370, bifurcation of
Jammu and Kashmir into two union territories, and a Bill extending 10 per cent
reservation to the economically backward section to the State as well, was
widely discussed on social media on Monday.
Opinions
and arguments aside, the online discussions mentioned a number of claims
regarding the new legislation and the status of Jammu and Kashmir. Here is a
fact check on such claims.
Claim: Article 370 has been scrapped.
Not yet.
President Ram Nath Kovind promulgated Constitution
(Application to Jammu and Kashmir) Order, 2019, which states that
provisions of the Indian Constitution are applicable in the State. This
effectively takes away the autonomy of the State. However, Article 370 is still
in force. In fact, the Presidential Order exercises the powers conferred by
clause (1) of Article 370 of the Constitution.
So
far, the Parliament had only residuary powers of legislation in J&K such as
enacting laws related to anti-terror, taxation on foreign and inland travel,
and communication. Now every law enacted by Parliament is applicable in Jammu
and Kashmir and Ladakh as well.
Claim: The State had a separate flag
True.
Jammu and Kashmir had its own flag since 1952. The protocol mandates unfurling
both the national flag as well as the State flag at all public events. After
the presidential order, only the national flag will have to be hoisted.
Claim: Jammu and Kashmir had a separate
Constitution.
True.
Article 370 allowed the state of Jammu and Kashmir to have its own
Constitution. Laws passed by the Parliament were applicable in the State, only
after the State government gives its concurrence.
In
fact, the landmark indirect tax reform, GST, was rolled out on July 1, 2017, across
the country, except Jammu and Kashmir. This is because that State Assembly
cleared the GST Bill only on July 7, 2017, after a Presidential Order that
“…the powers of the State of J&K as per Section 5 of the Constitution of
J&K, shall remain intact,” was adopted.
Claim: Kashmiris have dual citizenship.
They could visit Pakistan.
Misleading.
Kashmiris is a term referred to the ethnic group native to the Kashmir Valley.
Over generations, ethnic Kashmiris have migrated to several parts of the world,
including Pakistan. India does not allow dual citizenship, including to Indian
Kashmiris.
The
'dual citizenship' of Kashmiris is with reference to Article 370 under which
they are considered as citizens of India as well as citizens of Kashmir. A
non-Kashmiri residing in Kashmir, however, is considered only a citizen of
India and the J&K Constitution refers to them as "permanent
residents".
As
for visiting Pakistan, any Indian with a valid visa can visit the neighbouring
country.
Claim: Kashmir is the only place where
non-Kashmiris couldn't own land.
False.
Article 35A prohibited non-Kashmiris from owning land in the region. However,
Jammu and Kashmir is not the only State to have this law. Land laws vary from
State to State. For example, in Karnataka, only an agriculturist can purchase
agricultural land.
Parts
of Assam, Tripura, Himachal Pradesh, Arunachal Pradesh, Nagaland, and Andaman
& Nicobar Islands have restrictions on outsiders buying land.
Claim: RTI Act was not applicable in
Kashmir
False.
Jammu and Kashmir has had a Right to Information Act since 2004, a year before
the Central RTI Act came into existence. However, the State didn't approve the
Central legislation for a long time. In 2007, the State's RTI Act was amended
on the lines of the Central Act; however, activists crticised it for not having
the High Court and private bodies under its ambit.
Claim: People of Ladakh cannot elect
MLAs anymore
True.
With the bifurcation, Ladakh will cease to be a part of Jammu and Kashmir. The
region will now be a Union Territory without legislature like Lakshadweep,
Dadra and Nagar Haveli, Daman and Diu, Chandigarh, and Andaman and Nicobar
Islands. So the Jammu and Kashmir Legislative Assembly will be four seats less.
Ladakh will continue to vote in parliamentary elections.
Claim: Duration of J&K Assembly has
been curtailed.
True. As per the J&K
Constitution, Assembly elections are held in the State once every six years.
Now, Assembly elections will be held once in five years, like the rest of
India.
Claim: J&K cannot enact separate
laws now
False. The presidential
order only eliminates the need to pass every Indian law once again in the Jammu
and Kashmir Assembly. However, the Assembly can pass Bills and subject to the
approval of the Lt. Governor of the Union Territory, it will become a law. Just
like other States, the J&K Assembly too can override a Central law by
amending it, subject to the approval. For example, Puducherry amended the
Prevention of Cruelty to Animals Act, 1960, to allow bullfighting sport
Jallikattu in its region.
Claim: Reservations were not applicable
in Kashmir.
Misleading.
Reservations in the State are governed by the Jammu and Kashmir Reservation
Act, 2004. It is this Act that had to be amended to provide 10 per cent
reservation to the economically backward class. Unlike the rest of India,
reservation is provided only in appointment and admission in professional
institutions, to SC, ST and socially-backward classes. There is no reservation
for minorities. A recent Ordinance extended the benefits of reservation to
people living in Pakistan-occupied Kashmir as well.
Claim: If a woman from J&K marries
out of the State, she loses citizenship of the State.
False. According to
Article 35-A, a Kashmiri woman loses property rights if she marries a
non-Kashmiri. She continues to be a 'Kashmir citizen.' The issue gets
complicated with her children. Her children are not considered 'permanent
residents', if their father is not one. Even if they live in Kashmir, it is
left to the discretion of the Jammu and Kashmir government to grant the
'permanent residents' status.
(The Hindu, 06.08.2019, 04.30 PM)
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