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Despite HC order, J&K women don't enjoy equal status

By Luv Puri

Jammu Feb. 11. Despite the Jammu and Kashmir High Court judgment restoring the right of permanent resident of the State to women who marry persons from outside the State, there is no relief for those in this category. While men who marry women from other States get a certificate of permanent resident of the State, women are still given a certificate with the remark "valid till marriage" and if they marry permanent residents of the State, the certificate is extended while there is no such condition for men.

Besides Indian citizenship, a Permanent Resident Status (PRS) is given to people whose ancestors lived in the State for at least 10 years before May 14, 1954. Only those with PRS can buy property, get employment in the State and are entitled for other privileges.

Women groups had been waging a legal battle challenging this provision, which deprived them of the right to retain the State subject, pursue education, take up employment and inherit property once they married a non-permanent resident. The issue hogged the limelight when Rubina Bakshi, granddaughter of the former Prime Minister of the State, Bakshi Ghulam Mohammad, filed a case in the High Court for restoring her State subject, which expired on her marriage to the son of the former Punjab Governor, Surinder Nath Malhotra.

In October last, the court ruled that women would have the same rights as men even if they married a person from outside the State. A full Bench, comprising Justice V.K.Jhanji, Justice T.S. Doabia and Justice Muzaffar Jan, questioned the legality of the entry "valid till marriage" made on the permanent residents certificate, describing it violative of their fundamental rights under the Constitution and discriminatory on the basis of sex. But little had changed. The Divisional Commissioner, Anil Goswami, said his office was yet to receive any orders from the Law Ministry on the matter, therefore the status quo was maintained.

Taking strong notice of the non-implementation of the court order, the chairperson of the Jammu and Kashmir State Women's Commission, Girja Dhar, whose resignation was accepted on Monday, told The Hindu: "After the court judgment, I reminded the State Law Minister to implement the directives. But till date I received no reply from his office. It is a tragedy that a violation of constitutional provision for equality between men and women and court orders are not being followed which amounts to contempt."

Some time ago, separatist leaders such as the Jammu and Kashmir Democratic Freedom Party chief, Shabir Shah, expressed fears that the implementation of the order would change the demographic character of the Muslim-majority State. But women groups have reiterated their resolve to get the orders of the High Court implemented which, they point out, was a milestone in their struggle for equality. The cardinal principle of equality of men and women should not be seen from communal angles because all religions preach equality towards women, they said.

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