Journalism of Courage
J&K Chief Minister Omar Abdullah was correct when he termed BJP prime ministerial candidate Narendra Modi’s assertion at a rally in Jammu Sunday reflected through his comparison of Omar and his sister Sara who is married to Union Minister Sachin Pilot about women state subjects of J&K losing their right to property upon marrying outside the state as either a lie or a case of Modi being ill-informed.
But,like most issues in a political debate,there is something more than what either side has said. MANEESH CHHIBBER puts the issue in perspective.
Do J&K women lose their right to share in ancestral property if they marry a non-state subject?
The answer is no. This issue was settled in 2002 by a Full Bench of the Jammu and Kashmir High Court headed by Justice V K Jhanji,which,after hearing the matter that was pending for over 26 years,ruled that J&K women marrying outsiders wouldnt lose their right to a share in ancestral property,right to work,education,inheritance and even adoption.
Which party was in power in the state when the matter was decided and what was the stand of the state government?
The state was being ruled by the NC and Farooq Abdullah,Omars father,was the Chief Minister. During hearing in the HC,senior advocate M A Goni,who was Advocate General in the NC regime,told the Bench that a female descendant of a permanent resident of the state on marriage to a non-permanent resident of the state would lose the status of permanent resident and she would not be a permanent resident of the state as defined under Section 6 of the state Constitution.
He submitted that by marrying a non-permanent resident of the state,a female descendant of a permanent resident of the state will not only lose the property which she may have acquired in the state before marriage as a permanent resident of the state but she would also lose all special rights and privileges like employment under the state government,right to scholarship or any other such privileges as the government may provide.
What was the court decision in the case?
Through a majority judgment,Justices Jhanji and T S Doabia for the majority and Justice Muzzaffar Jan dissenting,the court held that a daughter of a permanent resident marrying a non-permanent resident will not lose the status of permanent resident of the state of Jammu and Kashmir.
Did the state government file appeal against the judgment?
Yes,the NC government filed an SLP in the Supreme Court. But the next government,an alliance of the PDP and the Congress,headed by Mufti Mohd Sayeed,withdrew the SLP and moved a Bill the Jammu and Kashmir Permanent Resident Status (Disqualification) Bill 2004 in the Assembly to negate the effect of the HC judgment. The Bill was passed in the Assembly on March 5,2004. However,following an uproar and differences between the alliance partners,the Bill was stalled in the Legislative Council. The NC was throughout supporting the proposed legislation,seen by many as being discriminatory against women. An attempt by the PDP to get the Bill passed in 2010 fizzled out due to lack of support and an adverse ruling by the Chairman of the Legislative Council.
