Constitutional Perspectives of Gender Based Discrimination in J&K State: A Critical Analysis

Abstract

The constitution of India is the supreme law of the country which prohibits any kind of discrimination based on sex, religion or race etc. and any such law shall not be operative after the commencement of the constitution which authorizes such discrimination in any part of the country whereas the state of J&K which is also one of the federal units of the Indian Federation enjoys some special status under article 370 of the constitution and in this manuscript the authors have tried to point out the gender based discrimination in the state of J&K especially right to immovable property and its constitutionality with historical perspective of all such provisions which protect such discriminatory practice in the state side by side the justification in favour as well as against for such exception legal position in the state and other issue to be covered in this endeavour the role played by the judiciary to mitigate the grievances of the women section of the state with its post effects in terms of their property rights or status of permanent resident with all incidents etc. in the state in case they enter into matrimonial tie with non-resident of the state.