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<keyword id="7730956" type="UNKNOWN" weightage="20" keywordseo="article-371-of-the-indian-constitution">Article 371 of the Indian Constitution</keyword> is connected to granting special provisions for some states of the Indian Union. As part of XXI and XXII of the Constitution of India, <keyword id="1088013" type="PERSON" weightage="20" keywordseo="Article-371">Article 371</keyword> grants some temporary, transition and special provisions to some states in the country. Ranging from Article 371-A to Article 371-J, this Article gives special provisions for the states of Maharashtra, Gujarat, Nagaland, Assam, Manipur, Andhra Pradesh, Sikkim, Mizoram, Arunachal Pradesh, Goa and Karnataka. The main objectives behind the Article 371 granting special provisions to some states are to meet the unique needs of the backward regions of these states, protect the economic and cultural interests of these regions, combat the local challenges and protect the customary laws in these regions. Article 371 – Provision for Gujarat and Maharashtra This article provides special powers to the governors of Gujarat and Maharashtra to create independent development boards for Vidarbha, Marathwada and the rest of Maharashtra and Saurashtra, Kutch and the rest of Gujarat. It gives room to provide more facilities for employment opportunities, vocational and technical education in the state. Article 371-B – Special provisions for Assam This article empowers the President to include a committee of the elected tribal representatives of the Assam Legislative Assembly for the constitution. Article 371-C – Special provisions for Manipur It provides for creating a committee for the constitution and functions of the legislative assembly with the members elected from the hilly regions of the state. The governor will have the responsibility to secure the powers of this committee and the central government can instruct the state government on the administration of the hilly areas. Article 371-D – Special Provisions for Andhra Pradesh The President can provide equal opportunities for the local populace in public education and employment. The President can ask the state to create an administrative tribunal to solve all the disputes with regard to appointments and promotions to civil posts in the state. Via Article 371-E, a Central University was established in Andhra Pradesh. Article 371–G – Provisions for Mizoram This article says without the consent of the State Legislative Assembly, the Parliament cannot decide on the matters of the religious and social practices of the Mizos, civil and criminal law of the land, land ownership transfer, and customary law procedures. Article 371-H – Special provisions for Arunachal Pradesh This article gives special powers to the Governor of Arunachal Pradesh, on the directions from the President with regard to the law and order in the state. Though the Governor will consult the Council of Ministers, the governor’s decision will be final. Only when the President directs, the special powers of the Governor can cease. Article 371-I – Special provision for Goa As per this article, the State Legislative Assembly of Goa will consist of not less than 30 members. Article 371-J – Special provisions for Karnataka This Article gives room for some special provisions to the Hyderabad-Karnataka region. The President gives special responsibilities to the Governor of Karnataka to create a separate board to develop the Hyderabad-Karnataka regions. Every year, a report regarding the working of this board will be presented before the State Legislative Assembly. Equitable funds must be allotted for developing these regions. There will be reservation of seats for the education and vocational training of the students from this region besides reservation in the jobs with the state government for persons hailing from this region.

What is Article 371 of the Indian Constitution - All you need to know

Article 370 of the Indian Constitution is a temporary provision that grants a special status of autonomy to the state of Jammu and Kashmir. Article 370 was enacted under part XXI of the constitution that pertains to "Temporary, Transitional and Special provisions". Article 370 accords special status to the state of Jammu and Kashmir. As per this article, all the different provisions of the constitution that are applicable to other states of India are not to be extended to Jammu and Kashmir. How and when Article 370 came about? The provision of Article 370 was drafted in the year 1947 by Sheikh Abdullah, who was appointed as the Prime Minister of Jammu and Kashmir together by Jawaharlal Nehru and Maharaja Hari Singh. During a discussion in the Parliament, Sheikh Abdullah argued that Article 370 must never be kept under the temporary provisions of the Constitution. He insisted that Jammu and Kashmir must be granted what he described as ‘iron clad autonomy’. However, the center did not comply with this demand. The provisions contained in Article 370 Article 370 exempts the state of Jammu and Kashmir from the Indian Constitution excepting in cases of Article 1 and Article 370 itself. The provisions of article 370 permit the state to draft its own constitution. Ultimately this means that the Parliament’s legislative powers are restricted with regard to Jammu and Kashmir. Article 370 states that the parliament will need the concurrence of the state government of Jammu and Kashmir for applying any law in the state other than those related to defense, foreign affairs, communications and finance. This will mean that the residents of the state of Jammu and Kashmir are governed by a separate set of laws in matters of property ownership, fundamental rights, citizenship and some others when compared to the Indians living in other states. As per the provisions contained in Article 370, the citizens of India from the other states of the country cannot purchase any property or land in Jammu and Kashmir. Also, this article says the central government has no powers to declare any financial emergency in the state as per Article 360. Emergencies in Jammu and Kashmir can be declared only during the times of external aggression or wars. If there are any internal disturbances within the state or there are any instances of imminent dangers, the central government cannot declare an emergency in the state unless the state government concedes to the moves of the union government. Under Article 370, the Union government cannot increase or decrease the borders of Jammu and Kashmir. Is it possible to delete Article 370? Article 370 permits deletion through a presidential order. Such an order must be however preceded by the concurrence of the constituent assembly of Jammu and Kashmir. One view says that this article cannot be deleted since such an assembly was dissolved in 1957. Another view says that it can be deleted if the state assembly concedes to deleting it.

What is Article 370 of the Indian Constitution and why it is in news today - Everything that you should know

India is a secular, democratic and republic nation that has created all the necessary provisions to safeguard the interests of all the segments of the country’s population. Here we look in detail what Article 15 of the Indian constitution says. Where do we find article 15? <a href="https://www.india.gov.in/sites/upload_files/npi/files/coi_part_full.pdf">Article 15</a> occurs in the Constitution of India under Part III that deals with the fundamental rights of the citizens of India. Further Articles 12 through 18 fully deal with the various issues related to ‘Right to equality’. What are fundamental rights as per Article 15? Fundamental rights can be described as the basic or civil liberties that the Indian citizens are entitled to enjoy by virtue of living in the country. In Part III covering articles 12 to 35, all the articles are dedicated to protecting the individual rights that are in fact common to most democracies in the world like equality before the law, freedom of speech and expression, religious and cultural freedom, freedom of peaceful assembly, freedom to practice any religion, and the right to seek constitutional remedies related to the protection of civil rights through writs like habeas corpus, Mandamus, Prohibition, Certiorari and Quo Warranto. The scope of fundamental rights as per Article 15 Fundamental rights are applicable to all the citizens of the country universally irrespective of race, place of birth, caste, gender, or religion. In case a citizen of India comes across the case of violation or fundamental rights, he or she can approach the Supreme Court of India for ultimate justice. The fundamental rights mentioned in the Indian constitution have their origin from different sources like England's Bill of Rights, the United States Bill of Rights and France's Declaration of the Rights of Man. Article 15 (1) and (2) Article 15 (1) and (2) proscribe the nation from discriminating any citizen on the basis of any one or many of the aspects such as religion, race, caste, sex, place of birth and others. These articles make room that there will not be any restriction whatsoever to any person on the above grounds in order to access and make use of the public facilities and amenities like shops, hotels, restaurants, places of entertainment, and others. No person in India can be denied the use of tanks, wells, bathing ghats, roads and sites of public resort that are created and managed fully or in part from the state funds or have been dedicated for the use of the general public. Article 15(3) Starting from article 15(3), the <a href="https://mhrd.gov.in/fundamental_rights_article-15">constitution</a> of India attempts to deal with protective discrimination. For instance, Article 15(3) makes it possible for the state to create special provisions for protecting the interests of women and children. Article 15(4) Article 15(4) capacitates the state to create special arrangements for promoting the interests and welfare of socially and educationally backward classes of the society such as SC and STs. Article 15(5) Article 15(5) moves a step ahead and empowers the country to make reservations with regard to admissions into educational institutions both privately run and those that are aided or not aided by the government. From this rule only the minority run institutions such as the Madarsas are exempted. Therefore, we can say that the articles 15(3) and 15(4) are the foundation stones for making reservations in the country.

Article 15 of the Indian Constitution - What are fundamental rights as per Article 15

The <keyword id="6354977" type="COMPANY" weightage="20" keywordseo="Supreme-Court">Supreme Court</keyword> on Wednesday quashed the <keyword id="13126" type="COMPANY" weightage="20" keywordseo="Maharashtra">Maharashtra</keyword> law granting <keyword id="6361164" type="UNKNOWN" weightage="20" keywordseo="reservation">reservation</keyword> in jobs and admissions to <keyword id="6389157" type="COMPANY" weightage="20" keywordseo="maratha">Maratha</keyword> community. The top court said it did not find any exceptional circumstance to justify exceeding the 50 per cent cap set by Indra Sawhney judgment. A five-judge <keyword id="69719" type="PERSON" weightage="20" keywordseo="Constitution-bench">Constitution Bench</keyword> headed by Justice Ashok Bhushan allowed no breach of 50 per cent ceiling to give more reservation, as it refused to consider reviewing Indra Sawhney verdict of 1992. "Exceeding ceiling limit of 50 percent laid down by Indra Sawhney is violative of <keyword id="875349" type="COMPANY" weightage="20" keywordseo="Articles">Articles</keyword> 14 and 15," said the top court. The top court said the people from Maratha community cannot be declared as educationally and socially backward. The unanimous judgment was delivered by a bench also comprising Justices L. Nageswara Rao, S Abdul Nazeer, Hemant Gupta and S. Ravindra Bhat. The top court made it clear that there were no extraordinary circumstances to grant reservation to Maratha community over and above 50 per cent ceiling. The top court struck down the Maharashtra State Reservation for Socially and Educationally Backward Classes (SEBC) Act, 2018 which extends reservation to the Maratha community in public education and employment. The top court emphasized that exceeding the 50 percent limit in without exceptional circumstances violates Article 14, and it held that 2018 act as amended in 2019 exceeds the limit without any exceptional circumstances. The top court held that SEBC Act, which extends reservation to the Maratha community in public education and employment is unconstitutional. SEE ALSO: <a href="https://www.businessinsider.in/tech/news/indian-government-gives-the-nod-for-5g-trials-chinese-companies-kept-out-for-now/articleshow/82398249.cms">Indian government gives the nod for 5G trials, Chinese companies kept out for now</a> <a href="https://www.businessinsider.in/business/auto/news/triton-ev-founder-says-its-planning-for-an-ipo-soon-in-the-us/articleshow/82398780.cms">EXCLUSIVE: Triton EV founder says it is planning for an IPO soon in the US, as the company gears up for its first car launch in India</a>

Supreme Court quashes the law granting reservation for Maratha community in jobs and education exceeding 50%

<ul><li>The government of Jammu and Kashmir just asked pilgrims visiting the state on the Amarnath Yatra to leave as soon as possible because of ‘terrorist threats’.</li><li>Over the past week, the Indian government has deployed a total of 38,000 additional troops in the state.</li><li>Indian Air Force (IAF) planes have been seen flying overhead, including the C-17 heavy lift aircraft normally used to transport troops from one location to another.</li></ul> <keyword id="2945985" type="PERSON" weightage="20" keywordseo="Article-35A">Article 35A</keyword> of the Indian constitution contains a provision that sanctions the Legislature of Jammu and Kashmir the complete freedom to decide who will be the permanent residents of the state. As per the powers conferred by Article 35A, the state legislature can confer exclusive rights on these permanent residents in matters of property ownership, jobs in the public and private sector, scholarships, aids and other government grants and benefits. The provision contained in this article mandates that the laws made under this article by the state cannot be questioned for violating the constitution or any other laws of the land. History of Article 35A In response to the advice from the Jawaharlal cabinet, Article 35A got included into the Constitution of India in 1954 through an order issued by the then President Rajendra Prasad. The controversial Constitution included in 1954 came about after the Delhi Agreement signed in 1952 between Jawaharlal Nehru and the then Prime Minister of Jammu and Kashmir Sheikh Abdullah. This agreement extended the Indian citizenship to Jammu and Kashmir’s state subjects. Background of Article 35A The Presidential Order that brought about Article 35A was enacted under Article 370 (1) (d) of the Indian Constitution. As per this provision, the President has the powers to make some “exceptions and modifications” to the Constitution to ensure the welfare of ‘State subjects’ of Jammu and Kashmir. Hence, Article 35A was incorporated into the Constitution of India as a proof of the special attention the Indian government rendered to the ‘permanent residents’ of the state of Jammu and Kashmir. Why the Article 35A in news? While the government of India is taking serious steps to bring about permanent peace in Kashmir, it has been said that the parliamentary route to making laws was found to be bypassed when the President ordered for the inclusion of Article 35A in the Indian constitution. The Nehru government did not take steps to place it for discussion in the Lok Sabha and Rajya Sabha. In March 1961, a five member bench of the Supreme Court discussed the powers of the President under Article 370 to modify the Constitution. Though the court accepted that the President has powers to modify a provision that exists in the constitution, the judges did not comment anything about whether the President can introduce a new article without the knowledge of the Parliament. Challenging the validity of Article 35A ‘We The Citizens’, an NGO has filed a petition challenging the validity of Articles 35A and 370. They argued that while four representatives from Kashmir were present in the constituent assembly that oversaw the drafting of Constitution, no special status was given to the state of Jammu and Kashmir. Article 370 was intended only as a temporary measure to bring about normalcy in Jammu and Kashmir and empower the democracy in the state. Hence Article 370 cannot be used to make a new Article 35A. Restricting the citizens from other states of India to seek employment in the state or buy property in Jammu and Kashmir is a clear violation of the fundamental rights sanctioned by the articles 14, 19 and 21 of the Constitution of India. The Supreme Court bench led by Justice Deepak Mishra has said that the validity of Article 35A and Article 370 can be decided by a Constitution Bench.

All about Article 35A that's been revoked by the Modi government

<keyword id="1549800" type="PERSON" weightage="20" keywordseo="Section-375">Section 375</keyword> of IPC pertains to the criminal offense of raping defines rape as "sexual intercourse with a woman against her will, without her consent, by coercion, misrepresentation or fraud or at a time when she has been intoxicated or duped, or is of unsound mental health and in any case if she is under 18 years of age." Definition of rape Section 375 defines a sexual offense as rape if it falls under the categories given under. 1. If the act happened against the will of the victim. 2. The said act was performed without the consent of the subject. 3. Performed with her consent, provided her consent was got by putting the subject or any person who is important to her in fear of hurt or death. 4. Performed with her consent, when the man is aware that he is not the subject’s husband, and that she had given her consent under the belief that he is another man to whom she is or believes to have lawfully married. 5. If the act happened with her consent when she was under unsound mind or under intoxication or the administration to him either personally or through someone else or through some stupefying or unwholesome substance, she is not in a position to understand the nature and consequences of the act to which she had consented. 6. With or without the subject’s consent, when the subject is under sixteen years of age. Penetration alone is sufficient to constitute the act of sexual intercourse that can be considered as an offense of rape. Definition of consent under Section 375 Consent can be defined as a clear and voluntary communication given by a woman for a given sexual act. As long as the woman is above the age of 18, <keyword id="150124" type="PERSON" weightage="20" keywordseo="marital-rape">marital rape</keyword> is a clear exception to giving consent since marital rape is not a crime under the <keyword id="75223" type="ORGANIZATION" weightage="20" keywordseo="Indian-Penal-Code">Indian Penal Code</keyword>. Exceptions to Section 375 The act will not be considered as a sexual assault if a man has sexual intercourse with his own wife who is aged above 18. Amendment made to Section 375 The Parliament of India passed the Criminal Law (Amendment) Act, 2013 also called as the Nirbhaya Act, in order to make a significant amendment to Section 375. This measure was meant to rule out the ambiguity that existed in the earlier law and created room for strict punishment during the occurrences of the rarest cases of sexual violence. As part of this amendment, the ambiguity that existed in the earlier law was addressed and room was created for giving strict punishment in case of the rarest cases of sexual violence. The legislation was altered to define acts such as penetration of penis into vagina, urethra, anus or mouth, or any other object or any other body part to any extent into a woman’s body parts (or facilitating any other person do it), to constitute the offence of sexual assault. The amendment also classified acts such as applying mouth or touching the private parts as offences of sexual assault.

You need to know about Section 375 of the Indian Constitution

<ul><li>The state of <keyword id="17605" type="PERSON" weightage="20" keywordseo="Jammu-and-kashmir">Jammu and Kashmir</keyword> no longer has a ‘special status’ in the Indian constitution.</li><li><keyword id="26604" type="PERSON" weightage="20" keywordseo="ladakh">Ladakh</keyword> will be a <keyword id="6356438" type="ORGANIZATION" weightage="20" keywordseo="Union-territory">Union Territory</keyword> (UT) without an assembly and Jammu and Kashmir will be a second UT with an assembly. </li><li>The state’s former chief minister, Mehbooba Mufti — currently under house arrest — stated that India is ‘terrorising its people’.</li></ul>The state of Jammu and Kashmir will no longer have a ‘special status’ in India with <keyword id="405091" type="PERSON" weightage="20" keywordseo="Article-370">Article 370</keyword> and <keyword id="2945985" type="PERSON" weightage="20" keywordseo="Article-35A">Article 35A</keyword> being scrapped by Presidential Order. With both articles abolished, the ‘state’ of Jammu and Kashmir no longer exists. It is bifurcated into two parts — the union territory (UT) of Ladakh without an assembly, and the UT of Jammu and Kashmir with an assembly. 
 <div type="image" title="b342d1f5781a33c97584eee69debdc06" msid="70532303" hostid="261" caption="&amp;lt;p&amp;gt;Statement of Objects and Reasons by India&amp;#39;s Home Minister, Amit Shah&amp;lt;/p&amp;gt;"></div>



 Union territories are governed directly by the central government, hence earning them the name. States, on the other hand are administrative units, and have their own governments. Article 370 made the provision for the state to have its own constitution. Article 35A, based on Article 370, allowed the state to choose its permanent residents, provisions to government posts and governing property rights. 
 <div type="image" title="8f37c756ff5ce3d56319fdab452cec76" msid="70532344" hostid="261" caption="&amp;lt;p&amp;gt;Presidential Order scrapping Article 35A and Article 370 of the Constitution&amp;lt;/p&amp;gt;"></div>



 India’s current ruling party, the Bharatiya Janata Party (BJP), has made no secret of its opposition to it, in both of its election manifestos. 
 
 
 <div type="ExtQuote" text="We are committed to annulling Article 35A of the Constitution of India as the provision is discriminatory against non-permanent residents and women of Jammu and Kashmir. We believe that Article 35A is an obstacle in the development of the state. We will take all steps to ensure a safe and peaceful environment for all residents of the state." auname="BJP’s 2019 Election Manifesto"></div>







 Prior to the announcement, Kashmir’s former chief ministers — Mebooba Mufti and Omar Abdullah — were placed under house arrest. So was People’s Conference chief Sajjad Lone. After the chaos in the Rajya Sabha and the disclosure of the Presidential Order, Mufti tweeted that the government of India only want to take the territory by ‘terrorising its people’. 
	
	
	<div type="twitter" handle="MehboobaMufti" handlename="Mehbooba Mufti" image="http://pbs.twimg.com/profile_images/927125035751321601/sDtwINlX_normal.jpg" favoritecount="2543" retweetcount="1103" status="It will have catastrophic consequences for the subcontinent. GOIs intentions are clear. They want the territory of… https://t.co/rHGVrLjPGx" createdat="1564985176000" id="1158257896926240768"></div>







 Abdullah also expressed his outrage in calling the government's actions a 'total betrayal of trust' which may have 'far reaching and dangerous consequences'. See also: <a href="https://www.businessinsider.in/amit-shah-says-article-35a-and-article-370-giving-kashmir-special-status-will-be-annulled-in-rajya-sabha/articleshow/70530969.cms">Article 370 and Article 35A which give Kashmir a special status will be annulled, Amit Shah tells Indian Parliament</a> <a href="https://www.businessinsider.in/section-144-in-kashmir-latest-news-developments/articleshow/70529285.cms">All that's happened in Kashmir over the last 72 hours – from movement of troops to suspension of internet to political leaders under house arrest</a> <a href="https://www.businessinsider.in/india-parliament-debate-on-kashmir-latest-news/articleshow/70530170.cms">India’s opposition wants Narendra Modi to reveal his Kashmir plan in Parliament</a> <a href="https://www.businessinsider.in/imran-khan-is-asking-donald-trump-to-intervene-as-promised/articleshow/70529731.cms">Imran Khan is asking Donald Trump to intervene in Kashmir as promised</a> <a href="https://www.businessinsider.in/journalists-in-kashmir-get-satellite-phones-after-internet-and-mobile-are-shut-down/articleshow/70530054.cms">Reporters in Kashmir get a satellite phone for ₹100,000 a piece as all other communication devices are shut down</a>

Jammu and Kashmir, and Ladakh will now be two separate Union Territories

<ul><li>India's Narendra Modi government has made a historic move to annul Constitutional provisions that confer Jammu and Kashmir a 'special' status that allows it to make its own laws and ward off 'outsiders.</li><li>India's Home Minister Amit Shah declared in the Parliament today that Article 370 and Article 35A of the Constitution will be abrogated.</li><li>The government also informed the Parliament that Jammu and Kashmir and Ladakh will be split into two Union Territories, which will be the entire region directly under the Centre's rule.</li><li>Ahead of this announcement, Section 144 was imposed in Kashmir valley-- internet services have been suspended, political leaders like Omar Abdullah and Mehbooba Mufti have been placed under house arrest-- to prevent any backlash.</li></ul> The Narendra Modi government is keen to create history by putting an end to provisions in the Indian Constitution that confer a special status to state of Jammu and Kashmir, which has been the centre of a conflict with Pakistan as well as a hotbed for separatists in the region. The government's overpowering majority in the Indian Parliament as well as the fact that the state is under President's rule for now, help Modi get his way. India's Home Minister Amit Shah declared in Parliament that Article 35A and Article 370 of the Indian Constitution that give special status given to Kashmir -- and rights to make its own laws-- will be abrogated. "The entire constitution will be applicable to Jammu and Kashmir state,” Shah said. In a subsequent order, India’s president approved the government’s changes. He also proposed splitting the state into two Union Territories -- Jammu and Kashmir being one and Ladakh being the other-- bringing the entire region under New Delhi's direct rule and administration. 
 
 
 
 
 
 
 <div type="image" title="8f37c756ff5ce3d56319fdab452cec76 (1)" msid="70532007" hostid="261"></div>














 Shah's declaration was faced with an uproar from the opposition leaders in the Rajya Sabha. Congress leader Ghulam Nabi Azad argued that Article 370 has been a crucial factor in keeping Jammu and Kashmir united with India since its independence in 1947. Shah responded saying that Azad's argument was a lie perpetuated by the Congress for decades and Article 370 only managed to isolate Kashmiris from the rest of India. What it means India's first Prime Minsiter Jawaharlal Nehru and Kashmiri icon Sheikh Abdullah agreed to a 'special' status for the state of Jammu and Kashmir to protect the land rights of the 'permanent citizens'. Article 35A prohibits 'outsiders' from owning property, getting government jobs and scholarship, and from settling in the state. The Article, also called the Permanent Residents Law, also prohibits women from inheriting property if they marry someone from outside the state. Apart from the autonomy, Article 370 -- which makes Artice 35A possible-- allows the state to make its own law and also makes it compulsory for the state assembly to agree to any move proposed by the central government in New Delhi. However, as of now, the state is under President's rule and there is no need for consent from the state assembly. Those against the 'special' status given to Jammu and Kashmir argue that Article 370 was a 'temporary' provision but the courts, including the Supreme Court, have held that it is a permanent part of the Constitution, in a judgement as recent as 2018. However, Parliamentarians from the Bharatiya Janata Party (BJP) argued in the Parliament the it is indeed a temporary provision, which must be abolished now. So this move by the Narendra Modi government is expected to land in litigation as well draw some international attention. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 <div type="Article" hostid="261" msid="70529731" title="Imran Khan is asking Donald Trump to intervene in Kashmir as promised" mstype="2" mssubtype="0"></div>

































 It is also claimed by many experts that Article 35A stems from the powers conferred upon the President under Article 370 of the Constitution, and therefore one cannot be annulled without the other. The deletion of Article 370 will automatically render Article 35A null and void. Two Parliamentarians tore up copies of the Constitution in protest of the move to abrogate Article 370 and 35A. Both of them were forced out of the house by the Speaker of Rajya Sabha, Venkaiah Naidu, the country's Vice President. SEE ALSO: <a href="https://www.businessinsider.in/section-144-in-kashmir-latest-news-developments/articleshow/70529285.cms" data-type="tilCustomLink" target="_blank">All that's happened in Kashmir over the last 72 hours – from movement of troops to suspension of internet to political leaders under house arrest</a> <a href="https://www.businessinsider.in/politics/jammu-and-kashmir-and-ladakh-will-now-be-two-separate-union-territories/articleshow/70531866.cms" data-type="tilCustomLink" target="_blank">Jammu and Kashmir and Ladakh will now be two separate Union Territories</a>

Article 370 and Article 35A which give Kashmir a special status will be annulled, Amit Shah tells Indian Parliament

<keyword id="860096" type="PERSON" weightage="20" keywordseo="Section-497">Section 497</keyword> of the <keyword id="75223" type="ORGANIZATION" weightage="20" keywordseo="Indian-Penal-Code">Indian Penal Code</keyword> has become a hot topic following an important ruling by the Supreme Court which scrapped this law altogether. Here we discuss in length about this law and what it implied so far. Section 497 of the India Penal Code deals with adultery. The recent judgment by the Supreme Court overturned there earlier rulings that upheld that the said law was constitutional. As per the Supreme Court’s recent decision, Section 497 of IPC goes against the constitution of India and hence need to be scrapped altogether. The bench that pronounced the recent judgment consisted of five judges including the Chief Justice <keyword id="6355251" type="PERSON" weightage="20" keywordseo="dipak-misra">Dipak Misra</keyword>, and Justices R F Nariman, A M Khanwilkar, DY Chandrachud and Indu Malhotra. Overview of Section 497 of IPC Section 497 of IPC says it is a punishable offense for a man to have sexual intercourse with a married woman without the consent of her husband. The man committing such an offense can be imprisoned for five years or more and can also be asked to pay a fine. Understanding ‘adultery’ in the legal context The dictionary meaning of the term adultery reads thus, "adultery is a voluntary sexual intercourse between a married person and a person who is not their spouse". The petitioners wish to address a few problems connected to Section 497 of IPC as explained hereunder. One big concern regarding this law is that it does not appear to be gender-neutral. In case of any act of adultery committed, the law calls for punishing the man but not the woman involved. Section 497 does not enable a woman to file a complaint against her husband when he has had sexual intercourse with another woman. A number of people call this an anti-woman law since the law seems to reduce a woman as a mere object. As per what the said law implies, a man does not need the consent of the woman to have sexual intercourse with her. The law only says, the said act will not be a crime if the woman’s husband agrees for the act. How the Supreme Court interpreted Section 497 of IPC The judges have stated recently that the Section 497 seems outdated. In fact, it appears to violate the Articles 14 and 21 of the IPC. While commenting on the said law, the justices remarked, "Adultery can be ground for civil issues including dissolution of marriage but it cannot be a criminal offence." The bench also added further that Section 497 looked 'unconstitutional' as it violates the right to equality. There are no reasons whatsoever to continue this law that does not serve the intended purpose. Nevertheless, the Supreme Court upheld that adultery can be a valid ground for applying for divorce. Talking at length about the law and the reasons for scrapping the law, Justice DY Chandrachud commented that Section 497 deprives women of their dignity. CJI Misra said, "Women must be treated with equality with men. Any discrimination shall invite wrath of Constitution. A woman can't be asked to think the way society desires."

What is Section 497 IPC

<ul><li>During the Monsoon Session of Parliament 2018, the <keyword id="6779836" type="UNKNOWN" weightage="20" keywordseo="123rd-amendment">123rd Amendment</keyword> to the <keyword id="441445" type="PERSON" weightage="20" keywordseo="Constitution-of-India">Constitution of India</keyword> was passed to include the <keyword id="78503" type="ORGANIZATION" weightage="20" keywordseo="National-Commission-for-Backward-Classes">National Commission for Backward Classes</keyword> (<keyword id="55013" type="ORGANIZATION" weightage="20" keywordseo="NCBC">NCBC</keyword>).</li><li>The NCBC will address the grievances and development of <keyword id="6362098" type="UNKNOWN" weightage="20" keywordseo="other-backward-classes">other backward classes</keyword> (<keyword id="45661" type="CITY" weightage="20" keywordseo="OBC">OBC</keyword>). </li><li>This move is expected to remove the dichotomy between center and state reservation lists and bring about more transparency in the implementation of laws.</li></ul>On Monday, the Rajya Sabha <a href="https://economictimes.indiatimes.com/news/politics-and-nation/lok-sabha-passes-bill-to-give-constitutional-status-to-ncbc/articleshow/65247524.cms">passed the 123rd Amendment</a> to the Constitution which means the National Commission for Backward Classes (NCBC) will now be included in the constitution, pending the President’s assent. The bill was originally introduced back in April 2017, where it failed to pass because BJP didn’t have the sufficient number of votes to push it through. Passing of bill during the Monsoon Session of the Lok Sabha is symbolic in the sense that the government recognises that backward classes not only need reservations, but development as well. This means that the NCBC will have the right to ‘investigate and monitor’ how safeguards put in place for backward classes under the law are being implemented. One might wonder why the NCBC needs to come under the constitution when the NCBC Act, 1993 is already in place. The <a href="https://www.news18.com/news/india/constitutional-status-to-ncbc-welcome-but-also-raises-anxieties-ps-krishnan-1370279.html">problem</a> lies in the fact that though there’s a uniform Scheduled Caste (SC) and Scheduled Tribe (ST) for both, the center and state, the list for other backward classes (OBC) varies from state-to-state and centre-to-state. That being said, the disparity is only glaringly obvious is the southern states of Karnataka and Tamil Nadu. <a href="http://censusindia.gov.in/Tables_Published/A-Series/A-Series_links/t_00_005.aspx">According</a> to the Nation Sample Survey Organisation (NSSO), nearly 40% of <keyword id="3658" type="LOCATION" weightage="20" keywordseo="India">India</keyword>’s population belongs to the OBC category. Constitutional rights <div type="image" title="ncbc" msid="65322709" hostid="261"></div>

 Once the bill comes into power, the NCBC will have the <a href="http://www.prsindia.org/billtrack/the-constitution-one-hundred-and-twenty-third-amendment-bill-2017-4725/">same powers</a> as the National Commission for Scheduled Classes (NCSC) and the National Commision for Scheduled Tribes. As of now, it’s the NCSC that looks into complaints and welfare measures that pertain to schedules classes, Anglo-Indians as well as backward classes. With the NCBC, the body will have more power in the decisions that pertain to the development of backward classes as well as addressing their grievances. Article 338 B (1) makes it clear that the commission is specifically for helping the OBC community. This is will be enforced through the powers of the civil court that will also be enforced via the NCBC under the Constitution. When it comes to addressing the dichotomy between the center and state OBC lists, Article 342 (A) dictates that a Presidential list will be issued in consultation with governor of a given state and any changes thereafter can only be made via parliamentary law. This adds transparency to the process of inclusive growth. All of these functions of the NCBC will be implemented through a five-member panel put in place by the President, who will also decide their tenure and responsibilities. Its implementation in the Constitution will also mean that the original NCBC Act of 1993 will be repealed, since the existence of both would result in a redundancy.

NCBC’s constitutional backing may help 40% of the Indian population

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<ul><li>The Supreme Court of <keyword id="3658" type="COUNTRY" weightage="20" keywordseo="India">India</keyword> passed a verdict stating that adultery can be grounds to file for divorce but it’s no longer a criminal offence.</li><li>The 158-year old Indian law has been scrapped from the <keyword id="75223" type="ORGANIZATION" weightage="20" keywordseo="Indian-Penal-Code">Indian Penal Code</keyword> (IPC) after being deemed unconstitutional by a five-judge panel. </li><li><keyword id="860096" type="PERSON" weightage="20" keywordseo="Section-497">Section 497</keyword> was seen as contradictory to Article 14 and 21 of the Indian Constitution.</li></ul>Section 497 has been a thorn in the Indian judicial system for a while now. But, in a turn of events, the Supreme Court of India unanimously ruled to remove the 158-year old law from the Indian Penal Code (IPC). The law basically said that, whoever has sexual intercourse with someone else’s wife, without the husband’s consent, is guilty of the offence of adultery. The five-judge constitution bench of the supreme court ruled that this violated Article 21 and Article 14 of the constitution. While Article 21 addresses the right of an individual to their own personal liberty, Article 14 talks about equality before the law, that is, equal protection for all within the country. Reasons for scrapping Section 497 This particular section of the IPC has been controversial because it deprived married women of their own consent and autonomy. The law dictated that any man who has an affair with a married woman will be punished and the woman will only be looked at as the victim and forego legal consequences. That is unless the husband gives consent. Essentially, this meant that provided the husband’s okay with it, a woman can be subjected to someone else’s desire regardless of her own consent. <keyword id="519134" type="ORGANIZATION" weightage="20" keywordseo="Justice-Chandrachud">Justice Chandrachud</keyword>, one of the judges on the five-judge panel of the case, stated that “Autonomy is intrinsic in dignified human existence. Section 497 denuded the woman from making choices. It fails to meet the touchstone of article 21”. An unmarried woman, on the other hand, can’t be prosecuted for adultery. So a man can’t be prosecuted, by his wife, for having an affair with an unmarried woman. There is also the disparity that only men can be the victims as well as the accused - and this too is in violation of Article 14. Having an affair outside of your marriage is decriminalised in all of the European countries as well as in Australia. That being said, while the law may be considered as outdated, it is still implemented in a few other countries, including nearly 20 states in the United States. Some of the Asian nations like the Philippines, Pakistan and Taiwan. <div type="Youtube" id="YlHoa1r6J44" title="Adultery is no longer a crime: SC deems Section 497 to be unconstitutional" thumbUrl="https://i.ytimg.com/vi/YlHoa1r6J44/mqdefault.jpg"></div>

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