Wednesday, January 20, 2021
Home Government and Policy 108 laws including IPC, CrPC, SC/ST Atrocities Act to be applicable in Jammu and...

108 laws including IPC, CrPC, SC/ST Atrocities Act to be applicable in Jammu and Kashmir as Article 370 is stripped

With revocation of Article 370 and bifurcation of the state into two Union Territories, the people of the Jammu and Kashmir will be now able to enjoy all the benefits just like any other citizen of the country.

A day after India witnessed a historic event of revocation of Article 370 and bifurcation of the state into two Union territories, the people of the Jammu and Kashmir will be now able to enjoy all the benefits just like any other citizen of the country.

Interestingly, Union Home Minister Amit Shah invoked the same Article 370 to abrogate the controversial provisions in the state. Home Minister Amit Shah invoked section 3 of Article 370, which empowers the President to declare the special status granted to Jammu and Kashmir under the Article inoperative anytime.

Instead of discarding Article 370, the government used the power given by the same Article to the President to make the provision ineffective.

With this special status to Jammu and Kashmir being scrapped, the Government of India has announced that a total of 106 laws shall henceforth apply to the Union Territory of Jammu and Kashmir and Ladakh. From laws related to property, criminal laws of IPC and CrPC to crucial central laws like Right to Information, Education, the proposed two Union territories will see a tectonic shift in their system of administration and governance. 

On Monday, Union Home Minister Amit Shah had announced that Jammu and Kashmir will not be a state anymore and awarded the status of a Union Territory (UT) with legislative assembly. He added that Ladakh will be a separated Union Territory without an assembly like Chandigarh.

With Article 35A gone, the discrimination between permanent and non-citizens of Jammu and Kashmir will cease to exist. The new laws will allow anyone to buy land, invest in the state. The new bill will also allow other citizens of India to settle in the two proposed UTs under the provision of Article 19 of the Indian constitution, where one can move freely throughout the territory of India and to reside and settle in any part of India.

All laws passed by Parliament will be now extended to the proposed Union territories without any exception. Earlier, every legislation, except on defence, external affairs and communications began with an exception clause stating that the law will apply to the whole of India except Jammu and Kashmir.

Additionally, the new bill will bring significant changes in the existing criminal law system of the proposed UTs. The Indian Penal Code will replace the existing Ranbir Penal Code. The Criminal Procedure Code and the Indian Evidence Act will now apply in the state. The other important criminal laws applicable to the region are National Security Act, Prevention of Corruption Act, Scheduled Caste and the Scheduled Tribes (Prevention of Atrocities) Act, The Protection of Children From Sexual Offences Act and The Juvenile Justice (Care & Protection of Children) Act.

The new bill The Jammu and Kashmir Reorganisation Bill, 2019 will also enact laws related to the protection of women and children that were not enacted earlier by the Jammu & Kashmir Assembly. The Dowry Prohibition Act, 1961; The Prohibition of Child Marriage Act and Indecent Representation of Women (Prohibition) Act, 1986 will be applicable in the two regions once the bill is passed in the Parliament.

Here is the list of 108 laws that will be implemented to Union Territory Jammu and Kashmir, and Ladakh. Although the last serial number is 106, the list has two serial numbers 67A and 94A, therefore the total number of acts is 108.

1. The Aadhar (Targeted Delivery of Financial and other subsidies, benefits and services) Act, 2016.
2. The Administrative Tribunal Act, 1985.
3. The Anand Marriage Act, 1951.
4. The Arbitration and Conciliation Act, 1996.
5. The Benami Transactions (Prohibition) Act, 1988
6. The Charitable Endowment Act, 1890.
7. The Chit Funds Act, 1982.
8. The Code of Civil Procedure, 1908.
9. The Code of Criminal Procedure, 1973.
10. The Commercial Courts Act, 2015.
11. The Commission for Protection of Child’s Rights Act, 2006.
12. The Commission of Inquiry Act, 1952.
13. The Consumer Protection Act, 1986.
14. The Contempt of Courts Act, 1971.
15. The Delimitation Act, 2002.
16. The Dissolution of Muslim Marriage Act, 1939.
17. The Disturbed Areas (Special Courts) Act, 1976.
18. The Dowry Prohibition Act, 1961.
19. The Drugs and Magic Remedies (Objectionable Advertisement) Act, 1954.
20. The Easements Act, 1891.
21. The Electricity Act, 2003.
22. The Employees Provident Funds and Miscellaneous Provisions Act, 1952.
23. The Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993.
24. The Enemy Property Act, 1968.
25. The Energy Conservation Act, 2001.
26. The Family Courts Act, 1984.
27. The Fatal Accidents Act, 1855.
28. The Forest (Conservation) Act, 1980.
29. The General Clauses Act, 1897.
30. The Governors (Emoluments, Allowances & Privileges) Act, 1982.
31. The Gram Nyayalayas Act, 2009.
32. The Guardian & Wards Act, 1890.
33. The Hindu Adoptions and Maintenance Act, 1956.
34. The Hindu Disposition of Property Act, 1960.
35. The Hindu Marriage Act, 1955.
36. The Hindu Minority & Guardianship Act, 1956.
37. The Hindu Succession Act, 1956.
38. The Identification of Prisoners Act, 1920.
39. The Indecent Representation of Women (Prohibition) Act, 1986.
40. The Indian Boilers Act, 1923.
41. The Indian Christian Marriage Act, 1872.
42. The Indian Contract Act, 1872.
43. The Indian Easements Act, 1882.
44. The Indian Evidence Act, 1872.
45. The Indian Forest Act, 1927.
46. The Indian Nursing Council Act, 1947.
47. The Indian Partnership Act, 1932.
48. The Indian Penal Code, 1860.
49. The Indian Stamp Act, 1899.
50. The Indian Succession Act, 1925.
51. The Indian Trust Act, 1882.
52. The Indian Veterinary Council Act, 1984.
53. The Judges (Protection) Act, 1985.
54. The Judicial Officers (Protection) Act, 1850.
55. The Juvenile Justice (Care & Protection of Children) Act, 2015.
56. The Legal Services Authorities Act, 1987.
57. The Limitation Act, 1963.
58. The Maintenance and Welfare of Parents and Senior Citizens Act, 2007.
59. The Majority Act, 1875.
60. The Medical Termination of Pregnancy Act, 1971.
61. The Muslim Personal Law (Shariet) Application Act, 1937.
62. The Muslim Women (Protection of Rights on Divorce) Act, 1986.
63. The National Commission for Minorities Act, 1992.
64. The National Commission for Minority Educational Institutes Act, 2005.
65. The National Commission for Safaikaramcharis Act, 1993.
66. The National Commission for Women Act, 1990.
67. The National Council for Teacher Education Act, 1993.
67-A National Security Act, 1980
68. The National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999.
69. The Oaths Act, 1969.
70. The Partition Act, 1893.
71. The Pharmacy Act, 1948.
72. The Powers of Attorney Act, 1882.
73. The Preconception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994.
74. The Prevention of Blackmarketing & Maintenance of Supplies of Essential Commodities Act, 1980.
75. The Prevention of Corruption Act, 1988.
76. The Prevention of cruelty to animals Act, 1960.
77. The Prevention of Damage to Public Property Act, 1984.
78. The Prisoners Act, 1900.
79. The Prisons Act, 1894.
80. The Private Security Agencies (Regulation) Act, 2005.
81. The Prize Chits and Money Circulation Scheme (Banning) Act, 1978.
82. The Probation of Offenders Act, 1958.
83. The Prohibition of Child Marriage Act, 2007.
84. The Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013.
85. The Protection of Children From Sexual Offences Act, 2012.
86. The Protection of Human Rights Act, 1994.
87. The Protection of Women from Domestic Violence Act, 2005.
88. The Public Gambling Act, 1867.
89. The Public Records Act, 1993.
90. The Registration Act, 1908.
91. The Religious Endowments Act, 1863.
92. The Religious Institutions (Prevention of Misuse) Act, 1988.
93. The Right of Children to Free and Compulsory Education Act, 2009.
94. The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
94A. The Representation of People Act, 1951.
95. The Right to Information Act, 2005.
96. The Sale of Goods Act, 1930.
97. The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forests Rights) Act, 2007.
98. The Scheduled Caste and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.
99. The Special Marriage Act, 1954.
100. The Specific Relief Act, 1963.
101. The Suits Valuation Act, 1887.
102. The Transfer of Property Act, 1882.
103. The Transplantation of Human Organs and Tissues Act, 1994.
104. The Wakf Act, 1995.
105. The Whistle Blowers Protection Act, 2014.
106. The Wild Life (Protection) Act, 1972.

 

Rights-based central legislation like The Right to Information Act, 2005 and the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 are also proposed to be applicable.

Among personal laws, the Muslim Women (Protection of Rights on Divorce) Act, 1986 and the Special Marriage Act enacted by Parliament and currently not applicable to the region are also proposed to be applicable. Other personal laws enacted by the Centre, The Hindu Succession Act, 1956 and The Muslim Personal Law (Shariat) Application Act, 1937 are proposed to be applicable to the region.

The High Court of Jammu and Kashmir shall continue to be the common constitutional court for both the proposed Union Territories. Further, the new bill gives the power to Lieutenant Governor to make laws relating to All India Services and Anti-Corruption Bureau.

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