Provision of Permanent Residents has put ‘Subjects of J&K’ to hardships Part-V
Daya Sagar
So, first need is to at least identify those documents without what no permanent resident certificate can be issued to those who do not hold any descendant identity as regards State Subject of Class-I or Class-II. For those who hold the descendant identity the list of enclosures should be different. This will reduce problems of many residents of J&K and even officers who have to deal the cases.
Further since no modifications to the definition of Permanent Resident of J&K as per Section-6 of constitution and privileges / qualifications of PR under section-8 and Section-9 of J&K constitution have been made so far there may be only a few microscopic new cases that would qualify for grant of PRC status except those cases that may fall in the class that would have otherwise acquired State subject of Category -III 10 years before 14 May 1954 (Sub Clause (b) of Sub-Section-1 of Section-6 (having lawfully acquired immovable property in the State, he has been ordinarily resident in the State for not less than ten years prior to that date) or the present government intends to accord such status to some other citizen of India . Likewise there are some procedural and conceptual controversies that need be set aside by the Government like (i) A descendant may be male or female. A son or a daughter born to a state subject of class I of class II (PR of J&K) shall acquire the status of state subject of class I or of class II (PR of J&K) provided he or she is a citizen of India. (ii) Similarly keeping in view Note-II as appended to Notification 1-L/84 dated 20th April, 1927 in case a descendent (female) of a Permanent Resident of J&K (State Subject ) marries a Non- PR (male) and by date of marriage she had not formally obtained a PR (State Subject), she does not lose her right to obtain a formal PRC that she acquires being a descendent of a PR. (iii). (a)There is no condition / provision in the Notification 1-L/84 dated 20th April, 1927 or in any other Section of the Constitution of Jammu and Kashmir that on marriage with a non permanent resident, the daughter of a permanent resident shall lose her status as a permanent resident / State subject of the State.
The controversy regarding the loss of a status of PR by a permanent resident’s daughter on her marriage with a non permanent resident bringing in the references to ‘domicile’ status laws had arisen in the past but the same has been set aside by J&K HC. (b) No doubt the children of a PR (Female) of J&K who marries a non- PR of J&K are not so far entitled to be Permanent Residents of J&K but the property that the PR (Female) had in J&K passes on to her children after her death under the law of inheritance, but the children who inherit the property located in J&K do not get any right to buy more property in J&K . J&K Legislature may apply formal corrections to such incompleteness’s. (v) Similarly the instructions like obtaining Certificate of being un-married for ladies who are not married and such certificates remaining in force till her marriage only and in case of married woman the certificate remaining valid till the subsistence of the marriage are still available in reference files with some officers and the same need be removed from files / circulars.
…Concluded
(Daya Sagar is a Sr Journalist and a social activist can be reahed at [email protected])
