Many Indian laws don't apply in Jammu and Kashmir
Many Indian laws don't apply in Jammu and Kashmir
Many Indian laws don’t apply in Jammu and Kashmir

When Jammu and Kashmir merged with India it was granted a special autonomous status. With this status the Central government was left with authority over the state only in matters of defence, external affairs, communications and finance which was specified in the Instrument of Accession. As a result, many laws functional in the rest of India do not extend to the state. Given below are certain legislations that extend to the whole of India except J & K.

BUSINESS LAWS

  • The Indian Contract Act, 1872
  • The Indian Partnership Act, 1932
  • The Sale of Goods Act, 1930
  • The Specific Relief Act, 1963
  • The Consumer Protection Act, 1986

J & K has its own separate acts for a few of the above mentioned acts. These are as follows-

  • The Contract Act of Jammu and Kashmir, 1977
  • The Jammu and Kashmir State Partnership Act, 1996
  • The Jammu and Kashmir Consumer Protection Act, 1987

PERSONAL LAWS

  • The Anand Marriage Act, 1909
  • The Indian Christian Marriage Act, 1872
  • The Guardian and Wards Act, 1890
  • The Dowry Prohibition Act, 1961
  • The Dissolution of Muslim Marriages Act, 1939
  • The Hindu Adoption and Maintenance Act,1956
  • The Hindu Disposition of Property Act, 1916
  • The Hindu Inheritance (Removal of Disabilities) Act, 1928
  • The Hindu Marriage Act, 1955
  • The Muslim Personal Law (shariat) Application Law, 1937

Separate acts are also in place for some of these acts, including-

  • The Jammu and Kashmir Anand Marriage Act, 1954
  • The Jammu and Kashmir Christian Marriage and Divorce Act, 1957
  • The Jammu and Kashmir Guardian and Wards Act, 1977
  • The Dowry Restraint Act, 1960
  • The Jammu and Kashmir Dissolution of Muslim Marriages Act, 1942
  • The Jammu and Kashmir Hindu Adoption and Maintenance Act, 1960
  • The Jammu and Kashmir Hindu Disposition of Property Act, 1940
  • The Jammu and Kashmir Hindu Inheritance (Removal of Disabilities) Act, 1940
  • The Jammu and Kashmir Hindu Marriage Act, 1980
  • The Jammu and Kashmir Muslim Personal Law (shariat) Application Act, 2007
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PROPERTY LAW

  • The Benami Transactions Prohibition Act, 1988
  • The Administration of Evacuee Property Act,1950
  • The Land Acquisition Act, 1894

Separate acts in place include-

  • The Jammu and Kashmir Benami Transactions (Prohibition) Act, 2010
  • The Jammu and Kashmir Administration of Evacuee Property Act,2006
  • The Jammu and Kashmir Land Acquisition Act, 1934

BANKING LAW

  • The Banker’s Book Evidence Act, 1891

The separate act that is applicable in the state is-

  • The Jammu and Kashmir Banker’s Book Evidence Act, 1920

JUVENILE LAW

  • The Juvenile Justice (Care and Protection of Children) Act, 2000

The act that has been separately enacted by the state is the following-

  • The Jammu and Kashmir Juvenile Justice Act, 1997

CRIMINAL LAW

IPC and Criminal Procedure Code extends to the whole of India except J & K. The state has applied a separate code for itself.

  • The Jammu and Kashmir Code of Criminal Procedure, 1989

CIVIL LAW

  • The Code of Civil Procedure, 1908

The state deals with civil law related cases and matters in accordance with the following code that it has enforced-

  • The Jammu and Kashmir Code of Civil Procedure, 1977

Thus, a number of laws which play a crucial role in India aren’t even applied to the state of Jammu and Kashmir.

 

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1 COMMENT

  1. I wonder if the laws are only different in the name or is it different in substance also… Is the human right applicable in India applicable in j&k

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