Month: September 2023

S.no	Contents
1.	Introduction
2.	Reservation for Economically Weaker Sections (EWS)
3.	Impact on Education and Employment
4.	Disagreements and Criticisms
5.	Transformation of the Socioeconomic System
6.	Implications for the Future and Problems

Introduction to the 105th Amendment Act

The Indian Constitution’s 105th Amendment Act, officially known as the Constitution (One Hundred and Fifth Amendment) Act, 2019¹, is a crucial legislative measure that introduced important changes in the field of reservations in India. This amendment passed on January 12, 2019, and adopted on August 5, 2019, marked a turning point in India’s lengthy history of affirmative action legislation.

The major goal of the 105th Amendment Act was to expand reservations to economically disadvantaged sectors (EWS) of the general population. It intended to provide equitable opportunity for individuals who were economically disadvantaged while not belonging to the Scheduled Castes (SC), Scheduled Tribes (ST), or Other Backward Classes (OBC). This modification sought to address the long-standing complaint that reservation systems disproportionately benefited specific castes, potentially leaving economically disadvantaged individuals out of the general category.

The inclusion of Articles 15(6) and 16(6) to the Indian Constitution was one of the significant measures established by this amendment. These provisions allowed the government to give up to 10% reservation in educational institutions and public employment for the EWS², allowing them to enter the intensely competitive Indian education and job sectors.

The passage of the 105th Amendment Act was a watershed point in India’s quest for social justice and equality. It triggered heated debates and discussions on what constitutes “economic backwardness” and the practical implications of such reservations. It generated both support and criticism, as with every big constitutional amendment, prompting a full assessment of India’s complicated confluence of caste, class, and affirmative action.

Reservation for Economically Weaker Sections (EWS)

The Economically Weaker Sections (EWS) quota policy was implemented in India through the 105th Amendment Act, which signified a substantial break from the traditional framework of caste-based reservations. This programme, which went into force in 2019, intends to reduce economic disparities and provide chances to those from economically disadvantaged backgrounds in general. 

Individuals in the EWS category are entitled to up to 10% of seats in educational institutions and government positions under the EWS reservation policy. Individuals or families must meet certain income and wealth requirements to qualify for EWS. The income restriction often takes into account factors such as family income, property, and agricultural holdings. By giving reservation benefits to people who are struggling financially but do not belong to any reserved category, this tactic aims to level the playing field.

One of its main benefits is that the EWS reservation policy does not conflict with currently held reservations for Scheduled Castes (SC), Scheduled Tribes (ST), or Other Backward Classes (OBC). Instead, it adds a new category within the broader category for economically disadvantaged people.

The implementation of EWS reservations has received both praise and criticism. Proponents say that it tackles the issue of economic inequality, while detractors worry about the potential impact on current quotas and call the criteria of economic backwardness into doubt.

Impact on Education and Employment

The 105th Amendment Act’s inclusion of Economic Weaker Sections (EWS) reservations in education and employment has had a significant impact on access to these critical fields. This programme attempted to increase chances for economically disadvantaged individuals in the general category by allocating up to 10% of seats and posts in educational institutions and public jobs to EWS candidates.

The impact has been substantial in the field of education. EWS reservations have increased access to quality education for pupils who would not otherwise have had such possibilities. This change has enhanced competition and diversity in classroom settings, resulting in a more inclusive educational experience. However, it has raised concerns about the infrastructure and resources needed to accommodate the increasing student intake, which might put institutions under strain.

In terms of employment, EWS reservations have opened up new opportunities for job seekers from economically disadvantaged backgrounds. EWS candidates now have more access to government career possibilities in particular. This has the ability to generate greater social inclusion by creating a more varied and representative workforce. However, difficulties occur when attempting to balance the demands of employment quotas with the necessity for merit-based selections.

The impact of EWS reservations on education and employment is a source of contention, with continuous debates over implementation, effectiveness, and the difficult balance between eliminating economic disparities and maintaining the quality and efficiency of these institutions.

Disagreements and Criticisms

Since its beginnings, the 105th Amendment Act, which introduced reservations for the Economically Weaker Sections (EWS), has been the subject of various disputes and critiques. While supporters say that it reduces economic inequality, detractors have legitimate concerns about its possible consequences.

One major point of contention is the notion of “economic backwardness” used to determine eligibility for EWS reservations. According to critics, the income and asset limitations are arbitrary and do not reflect the genuine amount of economic need. This has raised concerns about whether qualified candidates are being denied, despite the fact that persons who are not genuinely economically disadvantaged may profit from the approach.

Another issue is that the existing reservation quotas for Scheduled Castes (SC), Scheduled Tribes (ST), and Other Backward Classes (OBC) may be diluted. Some are concerned that the 10% EWS reserve may limit possibilities for historically marginalised communities, undercutting the basic purpose of affirmative action policies.

Furthermore, there are issues regarding the viability of efficiently enforcing EWS reservations, particularly in highly competitive industries like as education and public jobs. Critics say that the sudden surge of EWS applicants will strain resources and infrastructure, lowering overall educational and administrative quality.

Critics of the 105th Amendment Act also criticise the timing and intentions for its passage, implying that it was motivated by political considerations rather than a genuine desire to redress economic inequality.

These debates and criticisms underscore the complexities of EWS reservations, as well as the necessity for continual examination and revision to ensure they achieve their intended goals without negatively impacting other marginalised groups.

Transformation of the Socioeconomic System

The 105th Amendment Act’s implementation of the Economically Weaker Sections (EWS) quota policy has the potential to cause enormous socioeconomic upheavals in India. While the entire scope of these changes will become obvious over time, a number of potential consequences can be predicted.

1. Increased Educational Access: EWS reservations give economically disadvantaged people easier access to quality education. As a result, a larger pool of qualified and educated workers from varied origins may emerge, potentially contributing to economic growth and development.
2. Expanded Employment Opportunities: The programme intends to solve unemployment and underemployment among economically disadvantaged groups by reserving government job openings for EWS candidates. This can result in a higher standard of living for EWS households and a decrease in poverty rates.
3. Reduced Income disparity: If implemented correctly, the EWS reservation policy may contribute to lowering income disparity by providing chances to individuals who were previously marginalised owing to economic constraints. EWS reservations can act as a social mobility mechanism, allowing individuals to break the cycle of poverty and access better prospects for themselves and their children.³
4. Diverse Representation: The policy may result in more diverse representation in educational institutions and government bodies in the long run, encouraging a sense of inclusion and equity.
5. Problems and Adjustments: It is crucial to emphasise that the policy offers problems, such as ensuring that infrastructure and resources can meet the increased demand for education and employment possibilities.⁴

The socioeconomic transition brought about by the 105th Amendment Act has a lot of potential, but it also needs to be carefully monitored, evaluated, and adjusted if it is to reduce economic inequities while retaining the effectiveness of institutions and services.

Implications for the Future and Problems

The introduction of EWS reservations in India via the 105th Amendment Act has far-reaching ramifications for the future, as well as a number of obstacles that must be properly addressed.

Future Possibilities:

1. Socioeconomic inclusiveness: EWS reservations have the potential to improve socioeconomic inclusiveness. The strategy attempts to eliminate income disparity and create a more balanced society by offering chances to economically disadvantaged individuals.
2. Diversity in Education and Employment: By including EWS candidates, educational institutions and the workforce can become more diverse. This variety can broaden viewpoints and produce a more welcoming workplace.⁵

Future Obstacles:

1. Effective Implementation: It is a huge problem to ensure that the benefits of EWS reservations reach the intended beneficiaries. Transparent methods and proper implementation mechanisms are critical.
2. Infrastructure and Resources: The unexpected increase in the number of EWS students and job seekers may put educational institutions and government organisations under strain. To handle this transition, adequate infrastructure and resources must be allocated.
3. Balancing current Quotas: Finding the correct balance between EWS reservations and current quotas for SC, ST, and OBC populations is a major difficulty. The strategy should not unintentionally limit chances for historically marginalised communities.
4. Political Manipulation: There is a concern that reserve policies will be manipulated for political advantage. These policies must be safeguarded against abuse.
5. Continuous Evaluation: To assess the long-term impact of EWS reservations, continuous evaluation and policy revisions may be required to guarantee the programme accomplishes its socioeconomic aims.⁶

To summarise, the future of EWS reservations in India is dependent on their efficient implementation, overcoming hurdles, and remaining focused on the larger goal of eliminating economic disparity and promoting a more inclusive society.

---

Endnotes:

1.  The Constitution (One Hundred and Fifth Amendment) Act, 2019. “Gazette of India”
2.  The Times of India, “10% quota for poorer sections in general category challenged in Supreme Court,” January 10, 2019.
3. Kumar, S. (2019). “Impact of Reservation Policy in India: A Socio-Economic Analysis.” International Journal of Recent Research Aspects, 6(1), 1-10.
4. Dreze, J., & Khera, R. (2017). “Understanding Leakages in the Public Distribution System.” Economic and Political Weekly, 52(28), 49-55.
5. Kundu, T., & Kanbur, R. (2019). “Economics and Politics of Reservation in India: An Overview of Emerging Issues.” Cornell University ILR School, Ithaca, New York.
6. Thorat, S., & Attewell, P. (2007). “The Legacy of Social Exclusion: A Correspondence Study of Job Discrimination in India.” Economic and Political Weekly, 42(41), 4141-4145.

This article is authored by Srishti Singh, a pass-out student at O P Jindal Global University, Sonipat

About National Law University, Jodhpur 

National Law University Jodhpur (NLUJ) is one of the foremost law schools in India. Since its establishment in 1999, it has endeavored to produce exceptional lawyers and legal scholars and has aimed at pushing and challenging the existing boundaries of knowledge. The University has  previously been selected by the Competition Commission of India to be part of a panel of  reputable institutions tasked with conducting competition assessments of economic legislation,  bills, and policies. 

About ICLR 

CCLP was established as an initiative to promote interdisciplinary research in the field of competition lawand policymaking.Asapart of this initiative,CCLP publishes its flagship journal, ICLR. ICLR serves as a platform for understanding existing trends as well as setting out new ideas. 

The previous editions of the journal have received manuscripts from many distinguished legal luminaries, practicing lawyers, law professors, Ph.D. scholars, and law students from all over the  country and abroad. After having celebrated the immense success of the last edition, we are pleased to announce the call for papers for Volume VIII Issue II of the ICLR. The website of  the journal can be accessed at http://iclr.in/.

CONTRIBUTION GUIDELINES 

Theme of the Issue 

The overarching theme of this issue is “Navigating New Frontiers: Rethinking Conventional  Standards in Competition Law”. Any other article not under the preview of the  aforementioned theme may also be accepted subject to the discretion of the board.  

Eligibility and Word Limit 

• The manuscript may be co-authored by a maximum of two authors. • The journal accepts the following kinds of submissions: 

o Articles – 5,000 to 10,000 words. 

o Short notes – 2,500 to 5,000 words. 

o Case Comments – 1,500 to 2,500 words 

These word counts are exclusive of footnotes. The Editorial Board reserves the right to increase orrelax the word limit, depending on the quality of the submission. 

Submission Guidelines 

• The mail bearing the manuscript must declare, in its body, the category for which the submission is made, i.e. article/short notes/case comment. 

• The body of the manuscript should be in Garamond, font size 12 with 1.5 line spacing.  The footnotes should be in Garamond, font size 10 with single line spacing. 

• The manuscripts should be properly footnoted wherever sources are being used. The use of endnotes, hyperlinks, etc. is strictly prohibited. Further, no speaking footnotes (descriptive footnotes) are allowed. 

• All the sources in the footnotes must conform to the Oxford University Standard for Citation of Legal Authorities (OSCOLA) 4^th ed. style of citation. 

• The manuscripts must be preceded by an abstract of not more than 250 words. • The manuscript must not contain any reference to the author’s name, affiliation or credentials. 

• All manuscripts must be accompanied by a cover letter with the name(s) of the author(s), institution/affiliation, the title of the manuscript, and contact details. The author must also confirm in the cover letter that the manuscript is not being considered for publication

elsewhere. 

• The manuscript must be an original and unpublished work. 

• If necessary, ICLR may request the author to provide a printed copy of the manuscript, in addition to the electronic copy. 

Editorial Policy 

• The submission indicates the Author(s)’ acceptance to the following conditions: • The work, upon publication, becomes a property of NLUJ; and 

• Any subsequent publication/reprint and/or derivative works are permitted, subject to prior approval of the ICLR. 

• The ICLR follows three stages of blind peer-review procedure and shall endeavor to keep the authors informed about the status of their manuscript as it goes through each stage of review. 

• ICLR retains complete discretion over acceptance/rejection of manuscripts. The Editorial Board of ICLR shall not entertain requests for advance decisions based on abstracts, topic proposals or outlines. Editorial decisions shall be based solely on review of the final manuscripts  submitted by the authors. 

• Post-review, manuscripts may be returned to the authors with suggestions related to  substance and/or style. Acceptance of a manuscript for publication shall be made contingent on incorporation of such suggestions. 

• ICLR reserves the right to request copies of any resources or authorities cited in the manuscript. 

Submission Procedure 

• The last date for submission of manuscripts is October 10, 2023. Subject to the outcome of  the review process, the manuscript will feature in the upcoming Issue which is scheduled for publication in December, 2023. 

• All manuscripts must be sent through email and addressed to the Editor-in Chief at cclp@nlujodhpur.ac.in. 

• The subject of the email should be titled – “Volume VIII(2)_ICLR Submission_Name of  the Author(s)”.

• The name of the document must be in the following format – 

“Name of the Author(s) – Title of Submission”. 

• The Authors are advised to send only one submission per author or a team of co-authors.

• The manuscript must be submitted in a Microsoft Word (.doc/.docx) format only. All queries may be addressed to the editorial board at cclp@nlujodhpur.ac.in

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ABOUT THE UNIVERSITY

SGT University, nationally renowned for leadership in Medical and Health Sciences has established the Faculty of Law to promote profound scholarship and enlightened research in law, to provide highest quality professional legal education to face the new challenges and dimensions of the internationalization of legal profession. The vision of the Faculty of Law is to be “recognized nationally and globally for excellences in clinical legal education, community based out-reach program, socially relevant research and for honing up Lawyering, Arbitration, Mediation and Client Counseling Skills.” An abode for continual activity and unrelenting vitality, the Faculty of Law offers a wide array of academic and extracurricular opportunities making every day a potential adventure for the students.

ABOUT THE COMPETITION COMMISSION OF INDIA

The Competition Commission of India (CCI) is the leading regulatory authority in India responsible for ensuring fair competition in the market. Established under the Competition Act, 2002, CCI actively monitors and regulates anti-competitive practices, promotes consumer welfare, and advocates for a competitive business environment. Vision of CCI is to promote and sustain an enabling competition culture through engagement and enforcement that would inspire businesses to be fair, competitive and innovative; enhance consumer welfare; and support economic growth.Collaborating with CCI for your moot court not only offers students a unique opportunity to engage with contemporary competition law issues but also provides access to valuable insights and networking opportunities with legal experts in the field, making it an ideal partnership for fostering legal education and awareness.

ABOUT MOOT COURT SOCIETY

The Moot Court Society, Faculty of Law, SGT University stands as a lively foundation that is fully committed towards enriching the law school experience for students. The students, driven by their passion for advocacy and legal discourse, organise engaging events. In the spirit of collaboration, the faculty lends their expertise to guide students on their path to mastery of legal advocacy. This synergy between the students and faculty is what truly makes the Moot Court Society a force to be reckoned with. Through organising moot court competitions, workshops, and seminars, they foster a vibrant environment for sharing ideas. Together, they transform law school into a hub for intellectual and personal growth.

ABOUT THE EVENT

SGT University, as a part of its endeavours of providing and facilitating its support to the student community of the Country takes immense pleasure in announcing the 7th SGTU National Moot Court Competition 2023 in collaboration with Competition Commission of India. The event shall be held on 27th – 29th October, 2023.

ELIGIBILITY

1)    Students enrolled in a 3-year Law programme in India or in an integrated 5-year Law programme in India are eligible for the competition.

2)  The University must be approved by the Bar Council of India.

REGISTRATION

The Registration process of the teams will begin from 01st September, 2023. The Registration process shall end on 28th September, 2023 by 23:59 IST. The prescribed fee for the competition is INR 5,000/- only. FEE ONCE PAID WILL NOT BE REFUNDED UNDER ANY CIRCUMSTANCES.

The participating teams shall fill the Registration Form through the Link attached herewith and the screenshot of the online payment along with the Transaction ID, https://forms.gle/BRCeMc8YfQw1jjw79

The registration fee of INR 5,000/- covers both Food and Accommodation. It is important to note that the fee structure remains constant at INR 5,000/-, regardless of whether a team chooses to avail themselves of the Food and Accommodation facilities or not.

IMPORTANT DATES:

 Release of Moot Proposition: 1^st September 20232)   

Last date for Registration: 28^th September 20233)   

Last date for seeking Clarifications: 30^th September 20234)  

 Release of Clarifications: 2^nd October 20235) 

Last date for Submission of Memorials (Soft Copy): 15^th October 20236)

Submission of Hard Copy of Memorials at the registration desk: 27^th October 20237)   

Date of Competition: 27^th 29^th October 2023

AWARDS:

1)  WINNER: Trophy, Certificate of Appreciation and Cash Prize of INR 45,000/-

2) RUNNER UP: Trophy, Certificate of Appreciation and Cash Prize of INR 24,000/-

3) BEST MOOTER: (MALE) Trophy, Certificate of Appreciation and Cash Prize of INR 7,000/

4) BEST MOOTER (FEMALE): Trophy, Certificate of Appreciation and Cash Prize of INR 7,000/

-5)  BEST MEMORIAL: Trophy, Certificate of Appreciation and Cash Prize of INR 7,000/

-6) BEST RESEARCHER: Trophy, Certificate of Appreciation and Cash Prize of INR 7,000/

-7)  SEMI FINALIST: Trophy and Certificate of Appreciation

8) One-year complimentary subscription to EBC Learning for Winners

9)  One-month free access to the SCC Online Web Edition to each participant.

CONTACT:

  All queries, clarifications/ information- requests must be directed to Email ID: mcs@sgtuniversity.org.· 

Contact details of the MCS:

SONIKA YADAV (CONVENOR): 9717183897

PARAG JAIN (EXECUTIVE HEAD): 7746030489

 YASH BHARDWAJ (CO-CONVENOR): 9582035681

ASHISH DAGAR (CO-CONVENOR): 9999107835

 SAGAR YADAV (CO-CONVENOR): 9999642117

 CHAILSI SINGH (CORE MEMBER): 9625425883

 SAMRIDHI SOOD (CORE MEMBER): 7982660132

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S.no	Contents
1.	Introduction
2.	The deep-rooted gender stereotypes and their legal consequences
3.	Landmark Cases
4.	Legal and Media Reactions to Gender Stereotyping.
5.	Legal Interventions
6.	Workplace Gender Bias: Legal Options and the Situation Today
7.	Conclusion

Introduction: Examining Gender Stereotypes in Indian Society

Deeply embedded in all communities, gender stereotypes frequently uphold social norms that specify anticipated behaviours, roles, and characteristics depending on a person’s perceived gender. In India, a nation rich in variety and cultural tradition, gender stereotypes have long affected the lives and opportunities of millions of individuals. This article examines the negative effects gender stereotypes have on Indian society as well as the initiatives taken to combat them.

The historical records and cultural perspectives have perpetuated gender stereotypes for a long time. As a result, they promote unequal power dynamics and prejudiced attitudes. These prejudices frequently limit the potential of people and uphold gender norms that favour one gender over the other. Such practices not only contravene the equality values stated in the Indian Constitution, but they also inhibit the development of a society that is inclusive.

This article emphasises the importance of the legal system in changing cultural beliefs by highlighting important court decisions that have contested pervasive gender stereotypes¹. It also looks at the legal measures put in place to control such representations as well as how media portrayals continue to reinforce these stereotypes². The article also addresses initiatives in workplaces where gender discrimination still exists as well as in educational institutions, where the foundations of these biases frequently take hold³.

Dismantling deeply embedded gender stereotypes calls for a multifaceted strategy as we navigate the complex web of legal frameworks, societal dynamics, and cultural perspectives. This article seeks to add to the ongoing discussion about changing the legal system to promote a more equal and impartial society for all people, regardless of gender, by examining legal changes, significant cases, and current difficulties.

The deep-rooted gender stereotypes and their legal consequences

Deep-seated gender stereotypes still have a significant impact on legal issues and inequalities in society, casting a wide shadow over social institutions. These stereotypes frequently take the form of presumptions about traditional gender roles and talents, which has an impact on people’s access to opportunities, care, and resources. Therefore, these skewed viewpoints go against the equality values stated in the Indian Constitution and impede the development of a just and inclusive society.

The historic case National Legal Services Authority v. Union of India (2014)⁴ emphasised the need for laws to recognise and defend the rights of transgender people while also highlighting how difficult it is to combat gender stereotypes in the context of the law. Additionally, the 2013 passage of the Gender Sensitization and Sexual Harassment of Women in the Workplace Act⁵ emphasised the legal commitment to fostering impartial and safe workplaces. Legal changes that reframe societal standards are necessary to combat these preconceptions, creating an environment where the law can be a powerful weapon for eliminating ingrained gender biases.

Legal Conflicts Against Gender Stereotyping: Landmark Cases.

In the continuous battle against deeply embedded gender stereotypes in Indian society, landmark judicial decisions have become significant battlegrounds. These instances not only show the discriminatory effects of such preconceptions but also demonstrate how the judicial system has the ability to question and change social norms.

National Legal Services Authority v. Union of India (2014)⁶ is a landmark case that recognised the rights of transgender people and the need to combat stereotyping. A landmark framework to combat workplace sexual harassment was established by the Supreme Court’s involvement in Vishakha v. State of Rajasthan (1997)⁷, which recognised the need for safe and impartial workplaces free from gender-based discrimination. These examples show how the judiciary has actively interfered to combat the persistence of gender biases, defying conventional wisdom.

Society confronts the damaging effects of gender stereotypes by delving into these incidents. These court cases raise people’s awareness and promote discussions that advance society. They show that eradicating long-held preconceptions necessitates both society’s joint efforts and the judicial system’s authoritative position.

Legal and Media Reactions to Gender Stereotyping. 

The media has a significant impact on how society perceives things, but it also frequently reinforces negative gender stereotypes that impede the advancement of gender equality. This influence has a double-edged effect, reflecting and strengthening existing prejudices. To buck this trend, however, legal responses are starting to emerge.

The National Legal Services Authority v. Union of India (2014)⁸ case brought attention to the media’s influence on public opinion and the need for regulation to stop the spread of damaging stereotypes. In order to meet the need to confront gender biases rather than perpetuate them, the legislative framework places a strong emphasis on the need for responsible media portrayal. By controlling media content, society makes progress towards eradicating entrenched stereotypes and promoting gender equality.

These legal actions serve as a reminder of the media’s significant influence on society’s views as well as its capacity to accentuate good change. Not only must media representations be changed, but legal measures that will assure their implementation must also be acknowledged in order to effectively combat gender stereotypes.

Legal Interventions: How Educational Institutions Can Drive Change

While educational institutions are important for breaking down gender stereotypes, they can also unintentionally reinforce prejudice. Legal actions are crucial in converting these settings into places that support inclusion and gender equality. Legal actions to combat gender stereotypes and promote diversity have been taken against educational institutions, which play a significant role in forming cultural attitudes. Anuj Garg v. Hotel Association of India⁹ is one of these important cases in which the Supreme Court emphasised that educational institutions must uphold gender equality and ensure a setting free from prejudice and stereotypes. This case supports the requirement for institutions to stop discriminatory behaviour.

The Gender Sensitization and Sexual Harassment of Women at the Workplace Act, 2013, also broadens its application to educational institutions and requires a proactive strategy to combat gender-based discrimination. The value of education in influencing society’s perceptions and achieving equality is reaffirmed by these legal actions.

Workplace Gender Bias: Legal Options and the Situation Today

Strong legal remedies that change with the times are needed to address workplace gender bias. By focusing on equal compensation for equal work, a significant case—Air India v. Nergesh Meerza, (1981)¹⁰—expressed the judiciary’s position against gender discrimination. The precedent set by this decision served as the foundation for later legal systems.

A key piece of legislation that demands harassment-free workplaces and provides remedies for preventing it is the Gender Sensitization and Sexual Harassment of Women in the Workplace Act, 2013, which was passed in 2013. In terms of recognising and eradicating gender stereotypes in the workplace, this 2013 law is a positive step.

M.C. Mehta v. Union of India, (2004)¹¹, another significant case, demonstrates the judiciary’s dedication to eradicating gender-based discrimination. Even though it wasn’t specifically about the workplace, this decision demonstrated the Supreme Court’s commitment to environmental justice and gender equality, showing how the two legal fields interact and affect gender bias.

Despite these legislative developments, the labour environment today is nevertheless complicated. There are still gender pay gaps, a shortage of women in senior positions, and covert biases. Legal remedies have set the stage, but ongoing efforts from groups, people, and governments are necessary to create a truly equal working environment.

Conclusion: Using the law to eliminate gender stereotypes.

In conclusion, India’s legal system has greatly changed to address the deeply ingrained gender stereotypes that support inequality and prejudice. Through significant decisions like National Legal Services Authority v. Union of India (2014) and Vishakha v. State of Rajasthan (1997), the judiciary has emphasised its responsibility to combat these prejudices and promote a more equal society.

The legislative instruments created to redefine educational institutions as hubs of inclusivity and gender sensitivity are best illustrated by legislation like the Gender Sensitization and Sexual Harassment of Women at the Workplace Act, 2013, and the Anuj Garg v. Hotel Association of India (2008) case. The Sexual Harassment of Women at Workplace Act, 2013, and the Air India v. Nergesh Meerza (1981) case further highlights the struggle against workplace discrimination.

These legal avenues, linked to developing societal knowledge, highlight how crucial it is to destroy gender stereotypes. A more just and inclusive future is made possible by the Indian judicial system’s dedication to maintaining constitutional ideals and advancing equality.

As we proceed on this road, it becomes increasingly obvious how important it is for institutions, society, and legal systems to work together continuously. India is moving closer to a future in which gender stereotypes are a thing of the past by persistently questioning conventions and pushing for change.

---

Endnotes:

1. National Legal Services Authority v. Union of India, (2014) 5 SCC 438.
2. Vishakha v. State of Rajasthan, (1997) 6 SCC 241.
3. Gender Sensitization and Sexual Harassment of Women at the Workplace Act, 2013.
4. Ibid
5. Gender Sensitization and Sexual Harassment of Women at the Workplace Act, 2013.
6. Ibid
7. Vishakha v. State of Rajasthan, (1997) 6 SCC 241.
8. Ibid
9. Anuj Garg v. Hotel Association of India, (2008) 3 SCC 1.
10. Air India v. Nergesh Meerza, (1981) 4 SCC 335.
11. M.C. Mehta v. Union of India, (2004) 12 SCC 118.

This article is authored by Srishti Singh, a pass-out student at O P Jindal Global University, Sonipat

S.no	Contents
1.	Introduction
2.	Genesis of Article 370
3.	Article 370 and Constitutional Provisions
4.	Special Status and Autonomy
5.	Evolution of Article 370
6.	Legal and Political Debates
7.	The Revocation of Article 370
8.	Implications and Controversies
9.	Constitutional and Legal Validity
10.	Future of Jammu and Kashmir
11.	Conclusion

Introduction

The state of Jammu and Kashmir was given a special status under Article 370, a crucial clause in the Indian Constitution¹. The background history of the state’s 1947 admission to India is what led to the creation of this article. Princely states were given the option to join either India or Pakistan after British India was divided. Geographical, religious, and political reasons all had a role in the decision of Jammu and Kashmir to join India. This choice was significantly influenced by Maharaja Hari Singh, who was in charge of Jammu and Kashmir at the time, a state with a large Muslim population².

Despite having a high level of state autonomy, Maharaja Hari Singh’s agreement to sign the Instrument of Accession imposed some restrictions on India’s ability to manage communication, foreign policy, and defense. In 1949, Article 370 was added to the Indian Constitution to recognize the special circumstances surrounding Jammu and Kashmir’s accession. This article gave the state the authority to create its own laws and regulations, establish its own constitution, and maintain internal autonomy. This unique autonomy attempted to facilitate the state’s incorporation into the greater Indian Union while respecting the distinct population, religion, and culture of the region.

The importance of Article 370 resides in its function as a constitutional link that struck a compromise between the needs for national unification and the aspirations of the people of Jammu and Kashmir. However, arguments concerning the level of autonomy and its effects on the state’s growth, security, and unity with the rest of India have surfaced throughout time. The result of these discussions was the repeal of Article 370 in 2019, a decision that sparked support and criticism and opened a new chapter in the history of the area.

Genesis of Article 370

Jammu and Kashmir’s admission to India was significant historically following the partition of British India in 1947. Due to its complicated population makeup and strategic location between Pakistan and India, the area experienced unrest. The princely kingdom’s fate was heavily influenced by Maharaja Hari Singh, the monarch of that realm³. Maharaja Hari Singh sided with India in exchange for military support to ward off invading tribal militias supported by Pakistan after facing internal instability and pressure from the outside world by signing the Instrument of Accession.

The conflict between India and Pakistan over Kashmir started after the accession when Indian forces were deployed⁴. This crucial choice not only established the state’s allegiance but also sparked protracted geopolitical unrest in the area, which influenced the direction of later events.

Article 370 and Constitutional Provisions

The Indian Constitution’s Article 370 grants special autonomy to the state of Jammu and Kashmir. The state was able to have its own constitution, flag, and substantial legislative independence because of this. This clause restricted the Indian Parliament’s ability to pass laws to those that were specifically mentioned in the Instrument of Accession and approved by the state legislatures. The President’s authority to implement Indian Constitutional provisions to the state was also constrained. This meant that, with the exception of the aforementioned areas, Jammu and Kashmir retained control over its internal affairs.

The article’s transient nature and its intended use:

Article 370 was intended to be a short-term, transitional rule. Its “temporary provisions” were designed to acknowledge the unique conditions that Jammu and Kashmir had joined India in 1947. The goal was to allow the state enough time to build its own legal system and governing body⁵. The temporary nature of Article 370 was, however, gradually diminished by subsequent changes, and its prolonged existence raised discussions regarding its relevance and usefulness.

Special Status and Autonomy

Jammu and Kashmir were granted special rights and autonomy inside the Indian Union under Article 370. The state had its own constitution, which served as the foundation for its administration, and it had extensive legislative authority. This model gave the state authority over internal issues, such as laws governing citizenship, property rights, and fundamental freedoms. Dual citizenship, which included both Indian citizenship and the right to remain in the state permanently, furthered the development of Jammu and Kashmir’s unique identity⁶.

The independence provided by Article 370 had a significant impact on how Jammu and Kashmir’s politics and judicial system developed. It promoted a feeling of identity and gave local leaders a platform to rule in accordance with the particular requirements and desires of the state’s populace. However, this autonomy also sparked discussions over the efficacy of specific policies and their effects on social justice, development, and integration with the rest of India. A distinctive set of laws was produced as a result of the distinct legal framework, resulting in a complicated legal environment that occasionally deviated from the larger Indian legal system⁷.

Evolution of Article 370

Through numerous additions and alterations, Article 370 underwent considerable changes over time. These modifications attempted to bring Jammu and Kashmir’s special status into line with the Indian Constitution’s overarching structure. The state’s constitutional rights were expanded it, its autonomy was gradually reduced, and it became more integrated into the Indian Union, among other significant reforms. For instance, the 1954 Presidential Order extended several Constitutional provisions to Jammu and Kashmir, while later modifications added more domains within the Indian Parliament’s purview⁸.

Political and historical forces influenced the revisions to Article 370. A key factor was the changing relationship between Jammu & Kashmir and the Indian Union as well as the larger geopolitical environment and regional aspirations. The dynamics of the region were further changed by the conflicts with Pakistan in 1965 and 1971, which resulted in the foundation of Bangladesh. The course of these changes was also influenced by shifting political environments within Jammu and Kashmir as well as the responses of succeeding Indian administrations to calls for deeper integration.

Legal and Political Debates

There are many different and frequently polarised perspectives on Article 370. Article 370 supporters contend that it protects Jammu and Kashmir’s demographic makeup, preserves its unique identity and provides a measure of self-governance. According to them, the region’s peace and stability depend on its unique status. However, on the contrary, Supporters of repealing the clause argue that Jammu and Kashmir have not been able to fully integrate into the Indian Union due to its existence. They believe that the granted autonomy has hindered progress, encouraged division, and led to inconsistent law enforcement. The discussions also centre on equality before the law and constitutional morality principles⁹.

Since its establishment, Article 370 has been a sensitive subject. As its consequences became increasingly obvious, it sparked intense legal and political discussions. Discussions on its applicability, legality, and effects were held among political parties, academics, and experts. These arguments were heightened by the repeal of Article 370 in 2019, which sparked discussions about the region’s identity, constitutional validity, and human rights. The clauses were subject to legal challenges, and the Supreme Court of India was crucial in determining the laws’ legitimacy¹⁰.

The Revocation of Article 370

The complicated chain of events that resulted in the repeal of Article 370 was influenced by factors related to history, politics, and security. Early in August 2019, when more troops were sent to Jammu and Kashmir, the buildup started. This was followed by a sudden communication blackout and the house arrest of political leaders. The revocation of Article 370 on August 5, 2019, was the result of these moves, which increased expectations for big developments. Along with the decision, the state was divided into Jammu & Kashmir and Ladakh, two Union Territories.

The decision’s justification and immediate effects:

For rescinding Article 370, the Indian government provided a number of justifications. Its objectives were to fully incorporate Jammu and Kashmir into the Indian Union, establish legal consistency, and advance regional economic and infrastructure growth. The administration said that because Article 370 created a distinct legal system, it slowed down development, fueled separatists, and discouraged investment. In the immediate aftermath, there were increased security precautions, communication limitations, and global attention. Others criticised the choice because of its potential effects on the region’s independence and stability, while some applauded it as a bold step towards national integration¹¹.

Implications and Controversies

The effect of the revocation on the political and socioeconomic climate of Jammu & Kashmir:

The removal of Article 370 had a major impact on the political and socioeconomic situation in Jammu & Kashmir. With the region’s reorganization into Union Territories, its government was significantly changed. Due to the arrest of influential politicians, the abrogation created a leadership void in politics and changed the nature of municipal politics. While the central government sought to encourage growth and investments, communication limitations and security precautions sometimes caused disruptions in daily life¹².

Highlight controversies, answers by different parties, and global responses:

Different responses were given to the revocation. Opinions in the country ranged significantly. It was praised by supporters as a crucial step towards national security, economic progress, and integration. On the other hand, detractors claimed that it may threaten the region’s autonomy, spark unrest, and sour relations between the communities. Diverse responses from throughout the world were made, ranging from defense of India’s sovereignty to worries about human rights and a possible conflict between India and Pakistan¹³.

Constitutional and Legal Validity

The Indian Constitution’s guidelines were followed in carrying out the revocation of Article 370. The administration relied on provision 370(3), which gave the President the authority to amend or repeal the provision upon the suggestion of the Jammu and Kashmir Constituent Assembly. The administration sought the approval of the state’s Legislative Assembly, followed by a Presidential Order, to essentially void Article 370 because Jammu and Kashmir’s Constituent Assembly had ceased to exist. The Indian Parliament’s two Houses later approved the action¹⁴.

The judicial cases that followed the revocation’s challenges:

A number of legal issues were raised by the revocation, which led to numerous judicial actions. The constitutionality of the state’s abrogation and reorganisation was contested in Supreme Court petitions. The court thought about things including the Presidential Order, how the abrogation would affect the state’s special status, and if it was constitutionally permissible in India. Even while some claims were rejected, the court did address certain important matters. Deliberations on constitutional interpretation, federalism, and the scope of executive power were sparked by the legal proceedings¹⁵.

Future of Jammu and Kashmir

The long-term effects of revoking Article 370 on Jammu & Kashmir are significant and complex. While it is possible for the removal of the region’s border to promote political unity with the rest of India, there are concerns about the potential loss of cultural and regional identities. This could potentially result in conflicts and impact relationships between communities. Additionally, the revocation might change the political landscape by giving marginalised groups equal opportunity and representation, which would increase democratic participation¹⁶.

Political integration, growth, and reconciliation efforts:

The installation of elected Union Territory administrations is part of efforts to facilitate political unity. Initiatives for development also seek to advance infrastructure and economic development. Reconciliation among various parties is still difficult to achieve, though. Civil rights have been harmed by political detentions, communication limitations, and security measures, which calls for attempts to return to normalcy. Thinking-through policy initiatives that address socioeconomic growth, political engagement, and the defence of human rights are necessary to strike a balance between the pursuit of national interests and local aspirations¹⁷.

Conclusion

The Indian Constitution’s Article 370 underwent considerable historical development. When Jammu and Kashmir joined India in 1947, it was given a distinctive status that called for a temporary and transitional provision. Over time, the article gave the state exclusive legislative and administrative authority. However, once it was put to use, changes were made that slowly diminished its exceptional position. The culmination of this journey occurred in 2019 with the revocation of Article 370, which caused the state to be reorganised into Union Territories and resulted in considerable changes to its legal and political environment¹⁸.

The repeal of Article 370 was a watershed event for Indian politics and government. It represented a break with the historical order that gave particular regions a distinct level of autonomy. The action demonstrated the government’s resolve in resolving persistent problems and fostering national unity. It also demonstrated a broader pattern of reviewing constitutional clauses to update them to fit modern circumstances. The decision, meanwhile, also brought up issues with how to strike a balance between regional identities and national unity as well as the difficulty of meeting a variety of ambitions while preserving an effective governing structure¹⁹.

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Endnotes:

1. Ministry of Law and Justice, Government of India. “The Constitution of India.”
2. Noorani, A. G. “Article 370: A Constitutional History of Jammu and Kashmir” (2014).
3. R. Dasgupta, “War and Diplomacy in Kashmir, 1947-48: Historical and Political Perspectives” (Routledge, 2016).
4. V. Schofield, “Kashmir in Conflict: India, Pakistan and the Unending War” (I.B. Tauris, 2010).
5. Sharma, A. “Article 370 of the Constitution of India: Insights and Intent,” 38 Econ. & Pol. Wkly. 1563 (2003).
6. A. G. Noorani, “Article 370: A Constitutional History of Jammu and Kashmir” (Oxford University Press, 2014).
7. Ibid.
8. A. Rehman, “Article 370 and the Integration of Jammu and Kashmir: A Historical Analysis and Interpretation of the Indian Constitution” (SAGE Publications, 2018).
9. A. Dhar, “The Article 370 Debate: Questions, and not Just Answers,” 55 Econ. & Pol. Wkly. 24 (2020).
10. Ibid.
11. H. Pant, “Repealing Jammu and Kashmir’s Autonomy: An Analysis of India’s Policy Shift,” 51 Asian Aff. 434 (2020).
12. S. Ganguly, “Abrogation of Article 370: Legal, Constitutional, and Political Aspects,” 9 J. South Asian Stud. 95 (2021).
13. Ibid.
14. A. Kaul & R. Sinha, “Revocation of Article 370: A Constitutional Analysis,” 32 Nat’l L. Sch. India Rev. 57 (2020).
15. Ibid.
16. M. Rai, “Integration or Assimilation? Revisiting Article 370 Abrogation and the Jammu and Kashmir Reorganization,” 46 Strategic Analysis 26 (2022).
17. Ibid.
18. V. Sharma, “Article 370 and Beyond: A Constitutional Perspective,” 14 Indian J. Const. L. 74 (2021).
19. Ibid.

This article is authored by Srishti Singh, a pass-out student at O P Jindal Global University, Sonipat