Srinagar, March 13 (NationPress) The question of whether the discrimination against women regarding property rights and other entitlements was deliberate or accidental in Jammu and Kashmir (J&K) prior to the abrogation of Article 370 remains contentious. However, the undeniable truth is that gender discrimination was both apparent and perpetuated.

Before the Indian Parliament annulled Article 370 and Article 35A on August 5, 2019, women in J&K possessed only limited rights to property ownership.

If a woman from J&K chose to marry someone from outside the state, she would be stripped of her ancestral property rights and lose her status as a 'first-class citizen of J&K'.

Article 35A, which was incorporated in 1954, defined property rights. This article was repealed simultaneously with Article 370.

Following the abrogation on August 5, 2019, several laws came into immediate effect in J&K, including those safeguarding against child marriage, domestic violence, and ensuring equitable property inheritance.

With the repeal of Article 370, a legal structure ceased to exist, granting women in J&K full property rights, irrespective of their spouse's birthplace and lineage.

Central regulations like the Prohibition of Child Marriage Act (2006) and the Protection of Women from Domestic Violence Act (2005) are now fully applicable, addressing gaps in the regulation of child marriages and abuse.

The outdated Ranbir Penal Code was replaced with the Indian Penal Code and subsequently with three new criminal laws—the Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), and Bharatiya Sakshya Adhiniyam (BSA)—which came into effect on July 1, 2024, focusing on justice, technology, and national security.

Notable amendments include clearer definitions of terrorism, mob lynching, and organized crime, along with provisions for digital evidence and electronic FIRs, effectively replacing the antiquated Ranbir Penal Code.

Women in J&K can now approach the National Commission for Women for redressal, and specialized women’s police stations have been set up in numerous districts. Reservations and inclusive policies have bolstered women's rights.

The repeal of Article 370 and Article 35A facilitated the introduction of a 33 percent reservation for women in Panchayati Raj Institutions (PRIs) through the Tejaswini Scheme, aligning with national standards. The Nari Shakti Vandan Adhiniyam (2023) extends this reservation to 33 percent in the Lok Sabha and state assemblies, marking a significant advance in representation.

During the 2020 District Development Council elections, women achieved notable victories, with female voter turnout reaching 60 percent in certain regions. This starkly contrasts with pre-2019 data, where women's representation in the Assembly was below 3 percent from 1952 to 2014. An analysis in 2025 highlights an increase in female leaders within parties like the BJP, exemplified by figures such as Darakhshan Andrabi making strides in mainstream politics.

Women’s participation in the labor force rose from 26.5 percent in 2018-19 to 32.8 percent in 2021, with further growth anticipated. Over 300 women-led startups have emerged under the J&K Startup Policy 2024-27, spanning sectors such as eco-tourism, handicrafts, and digital services.

The PM MUDRA Yojana has approved loans for over 2 lakh women accounts in J&K by 2025, totaling Rs 47,704 crore. Self-Help Groups (SHGs) under the UMEED Scheme have empowered rural women, especially during the COVID-19 pandemic, by fostering income-generating initiatives.

The tourism sector, which welcomed 2.3 crore visitors in 2024, has created opportunities in sectors dominated by women, particularly handicrafts. Platforms like Kashmir Box play a vital role in connecting artisans with global markets, thereby enhancing their earnings.

A study in 2024 correlates enhanced safety and security with broader entrepreneurial prospects, with 82 percent of respondents reporting positive changes. Nonetheless, tribal women continue to encounter disparities, with literacy rates at 39.7 percent compared to the national average of 49.4 percent, limiting their economic opportunities.

Despite advancements, women from Jammu and other hilly districts have yet to achieve complete economic empowerment.

Female literacy, recorded at 56.4 percent in 2011, has seen improvements through initiatives like 'Beti Bachao Beti Padhao', which offer scholarships and outreach programs. Enrollment among girls surged post-2019, aided by the establishment of new institutions such as AIIMS Awantipora and IIT Jammu.

More than 14,000 children, including girls, benefit from 46 Goodwill Schools managed by the Indian Army under Operation Sadbhavana. Vocational centers have provided IT and tailoring training to women, with Rs 3 crore allocated in scholarships for higher education.

Violence has significantly decreased following the abrogation of Article 370, with an 81 percent reduction in civilian fatalities, enhancing women's mobility and safety.

Women Helplines (181) and Nari Adalats, which offer grassroots justice, have been operational in 50 Gram Panchayats across J&K.

However, the legacy of conflict and societal stigma remain, as evidenced by the 3,069 dowry-related cases reported in 2018-19.

Post-abrogation demographic changes, however, raise concerns about cultural erosion, particularly impacting women. A 2025 paper indicates that while opportunities are available, political representation remains low due to the legacy of conflict and perceptions of corruption. Economic inequalities in tribal regions and increasing criminal activities necessitate targeted interventions.

The primary obstacle to women's empowerment in J&K is ongoing violence and corruption.

While there is a tangible pathway with adequate facilities for women's progress, challenges such as violence and corruption continue to hinder the effectiveness of initiatives aimed at empowering women in J&K.