Article 370 of the Indian Constitution, which granted special status to Jammu and Kashmir, has been a topic of debate and discussion for years. While its revocation in 2019 sparked widespread conversations, it is important to examine how Article 370 had implications for various communities, including Dalits. This article explores the challenges and concerns faced by Dalits under the provisions of Article 370, highlighting specific examples to shed light on their experiences.

1. Limited Access to Rights and Benefits: Under Article 370, several laws and provisions applicable to the rest of India did not automatically extend to Jammu and Kashmir. This exclusionary nature of the article had an impact on marginalized communities, including Dalits. They faced limitations in accessing affirmative action policies, reservations in educational institutions, and job opportunities that were available to Dalits in other parts of the country. This created a disparity and hindered their socio-economic progress.

Example: Dalit students from Jammu and Kashmir were deprived of the benefits of reservation policies while seeking admissions to educational institutions outside the state. This lack of access affected their chances of pursuing higher education and securing opportunities for upward mobility.

2. Lack of Protection from Discrimination: Article 370 limited the jurisdiction of the National Commission for Scheduled Castes (NCSC) and the safeguards provided by the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. Dalits in Jammu and Kashmir faced challenges in seeking justice and protection against caste-based discrimination and atrocities due to the absence of robust legal frameworks.

Example: Incidents of discrimination and violence against Dalits in Jammu and Kashmir often went unaddressed, as the lack of proper implementation of protective legislation left them vulnerable and without adequate recourse.

3. Absence of Land Rights: Under Article 370, Dalits in Jammu and Kashmir faced difficulties in obtaining land and property rights. The provisions related to land ownership and agricultural opportunities, which were accessible to Dalits in other states, were not applicable in the same manner in the region. This restricted their ability to acquire and utilize land for agricultural purposes or economic empowerment.

Example: Dalit farmers in Jammu and Kashmir encountered obstacles in accessing government schemes, agricultural subsidies, and loans, resulting in limited opportunities for economic growth and perpetuating their socio-economic marginalization.

4. Social Exclusion and Marginalization: The social fabric of Jammu and Kashmir, influenced by regional dynamics, also played a role in the marginalization of Dalits. The lack of awareness and understanding about Dalit rights and issues, combined with limited opportunities for social integration, led to their exclusion from mainstream society.

Example: Dalits in certain areas of Jammu and Kashmir faced discrimination in social interactions, restricted access to public spaces, and were often confined to low-paying and menial jobs, reinforcing their social marginalization.

Conclusion: While the revocation of Article 370 in 2019 brought significant changes to the political landscape of Jammu and Kashmir, it is crucial to examine the specific impact it had on marginalized communities, including Dalits. The limitations in accessing rights and benefits, lack of protection from discrimination, absence of land rights, and social exclusion all contributed to the challenges faced by Dalits under the provisions of Article 370. Recognizing and addressing these issues is essential for promoting inclusivity, equality, and empowerment for all communities in the region.