Isher Singh Jasrotia
The right of women in J and K is on the stake and under constraint.
The statement made by Prime Minister Narinder Modi, during his rally at Jammu, before the general elections regarding the different treatment given to CM, Umar Abdullah and his sister by the State laws raised many comments from different quaters about the rights of the daughters of the State so far as it pertains to law regarding the State Subject.
A defined by Section 6 of the Constitution of J and K, initially the notification issued by the state of J and K, the right to government employment and right to property and other privileges are restricted to State Subjects which have directed for losing all the State Subject by the daughters of the State marrying to Non- State Subject.
On the other hand, their positions was protected by the full Bench judgment of High Court of J and K in Dr Shusheela Sawhney case wherein it was provided that the women State Subject merely marrying a Non State Subject will not lose the right of being State Subject.
This interpretation raises a very interesting and important question as to whether it is constitutinally permissible to have discrimination on the basis of sex merely so far as bestowing upon the State Subject is concerned.
It is permissible for the State to restrict grant of State Subject to the children of the daughters of the State marrying Non State Subject whereas male State Subjects marrying non- State Subjects does not suffer such disability and rather in their case Non-State Subject women who marry State Subject become the State Subject of the State.
This has given rise to grave situation and discrimiantion which is of the worst kind but unfortunately, the situation has not been commented upon and debated from diferrent quarters. Even the women organisations working for the protection of the women right, have also not come up and shown their indulgence on this vital and important issue. The State Government has even gone to the introduction of a Bill in the State Legislature, intended to take away the right of women to maintain her State Subject after marrying a State Subject to nullify the judgment of the Full Bench of High Court of J and K. However, the Bill so introduced could not be cleared because of massive protest from different quarters and organisations.
The situation may rise wherein the daughters of the State marrying Non-State Subject in view of her position to have continued as State Subject owns landed property but after her death, the property has to be given to her parental relations or has to be escheated to the State as neither husband nor her children will be in a postion to own the property.
The crucial point in this regard is pending before the High Court of J and K in writ peition titled Dr Prabhjit Kour vs State of J and K wherein the single Judge after looking to the gravity of the matter has referred the same to the larger Full Bench.
The Full Bench of this Court answered the important question of law that the daughter of the permanent resident of the State of J and K will continue to hold the status of being permanent resident even after her marriage with a person who is non resident of the J and K State. As a natural corollary emerging out of the aforesaid judgement, daughters of permanent resident of the State who are married to non-permanent resident of the State of J and K get the status of permanent resident of the J and K state post their marriage and enjoying all the privileges and benefits of permanen resident of the State of J and K. However another following question of law still undecided after whether it is legally permissible to make classfication between off-springs of the male non-permanen resident of the State of J and K vis-à-vis female permanen resident of the State of J and K.
In view of the law laid down by the full Bench of the Court supra, there are two conceivable categories of permanent resident of the State of J and K based upon their sex.
i)Male permanent resident of the State of J and K married to female non-permanent resident of the State of J and K and female permanent resident of the State of J and K married to male permanent resident of the State of J and K.
ii)Female Permanent Resident of the State of J and K married to male non-permanent resident of the State of
J and K.
There is no conclusion so far as first category is concerned but the problem comes up while bestowing the right and status of permanent resident on the off-spring of the category (ii) Whereas the son and daughter married to female non-permanent resident of the State of J and K and female permanent resident of the State of J and K married to male permanent resident of the State of J and K.
The above permanent resident of the State of J and K and non- permanent resident of the State of J and K issue, which has been debated so many time and also put in the manifesto by the parties before the election, has again been put into serious consideration and complication, especially for the political parties and their candidates who are bent upon to make their respective stand on this issue. It is nothing else but to exploit the same in the vote bank.
