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[FYI] Clarification on Article 370

Kashmir article 370

[FYI] Clarification on Article 370

This is a For Your Information post about some facts related to the post shown below circulating on social media about Article 370 and Kashmir Issue. Readers are requested to share their thoughts and views.


Post Information:

Below posts have been circulating on social media

Article 370 of our Constitution:-
If you see the contents of Art 370, we know why some people are against it.

Subject: Nehru’s bitter gift to all Indians…

What is Article 370? Every Indian must know.

● Jammu – Kashmir’s citizens have dual citizenship.
———————-
● Jammu – Kashmir’s national flag is different.
———————-
Jammu – Kashmir’ Legislative Assembly’s term is 6 years.
Whereas its 5 years for the States of India
———————-
● In Jammu – Kashmir it’s not a crime to insult India’s national flag or the national Symbols!
———————-
● The order of the Supreme Court of India is not valid in Jammu – Kashmir.
———————-
● Parliament of India may make laws in extremely limited areas in terms of
Jammu – Kashmir.
———————-
● In Jammu-Kashmir,
If a Kashmiri woman marries a person of any other state of India, Kashmiri citizenship to that
female ends!

In contrast if a Kashmiri woman marries a person from Pakistan that person will get citizenship of Jammu – Kashmir.
———————-
● Because of Section 370
RTI does not apply in Kashmir.
RTE is not implemented
CAG does not apply…
Indian laws are not applicable.
———————-
● Sharia law is applicable to women in Kashmir.
There are no rights to panchayats in Kashmir.

Minorities in Kashmir [Hindus and Sikhs] do not get 16% reservation.
———————-
● Due to Section 370
Indians in other states cannot buy or own land in Kashmir.
———————-
● Because of Section 370 Pakistanis gets Indian citizenship for which they
only need to marry a girl from Kashmir.
———————-
● It’s a good start to remove section370.
At least one step has been taken further.
The new government has already raised this issue.!!
Now if someone wants to say something about these secular facts then they
are welcome.!

Section 370 has to be removed.

If you agree, please forward this message and spread awareness of the need for scrapping Sec 370.


Verification:

(by Udit Sood)

Below are the point wise clarification on the (mis)information at the post.

  • Jammu – Kashmir’s citizens have dual citizenship : True
  • Jammu – Kashmir’s national flag is different. : Partially, the different flag is called as State flag and such state flag is also there for Karnataka and Sikkim although they are unofficial unlike the J&K one  (Ref: wikipedia)
  • Jammu – Kashmir’ Legislative Assembly’s term is 6 years.Whereas its 5 years for the States of India : True (Ref: wikipedia)
  • In Jammu – Kashmir it’s not a crime to insult India’s national flag or the national Symbols!  : False, no proof for the statement, also there are enough cases on people of J&K on Prevention of Insults to National Honour Act, 1971(Ref: kashmirpost.org)
  • The order of the Supreme Court of India is not valid in Jammu – Kashmir. : False (Ref: wikipedia)
  • Parliament of India may make laws in extremely limited areas in terms of Jammu – Kashmir : Partially wrong, Due to Article 370 there is of course less control of Indian Parliament on J&K depends on the subject of legislation , however the laws are not dependent upon the geographic location of areas . (Ref: wikipedia)
  • In Jammu-Kashmir, If a Kashmiri woman marries a person of any other state of India, Kashmiri citizenship to that female ends : Partially true, however there was of Dr. Susheela Sawhney in 2002 where Jammu High court gave right to female to get citizenship of J&K even after marrying a person outside state. (Ref: thehindu)
  • In contrast if a Kashmiri woman marries a person from Pakistan  that person will get citizenship of Jammu – Kashmir. : No proof found for the case.
  • Because of Section 370 RTI does not apply in Kashmir : False (Ref: web.archive.org)
  • RTE is not implemented : False (Ref: jkeducation.gov.in)
  • CAG does not apply : False (Ref: agjk.nic.in)
  • Indian laws are not applicable : False ( Ref: wikipedia.org)
  • Sharia law is applicable to women in Kashmir. : False (Ref: wikipedia.org)
  • There are no rights to panchayats in Kashmir. : False (Ref: jkpr.gov.in)
  • Minorities in Kashmir [Hindus and Sikhs] do not get 16% reservation : False, there is no minority religion based reservation in most states (Ref: wikipedia.org)
  • Indians in other states cannot buy or own land in Kashmir : Partially true, for other states also there is some other restriction on land buying (Ref: thehindu.com)
  • Because of Section 370 Pakistanis gets Indian citizenship for which they only need to marry a girl from Kashmir. : No proof, False

Post Date: 27th August 2017

Post ID: #68924

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