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Mufti Government withdraws plea on legal status of women

By Our Staff Reporter

JAMMU, FEB. 19. In a new twist to the legal status of women in Jammu and Kashmir marrying men from outside the State, the Mufti Government has withdrawn its appeal filed in the Supreme Court against the High Court order, which held that the women will have the same rights as men even if they marry a person from outside the State.

Besides Indian citizenship, a Permanent Resident Status is accorded to the people or their ancestors who had been living in the State for at least 10 years before May 14, 1954. Only those who have a PRS can buy property or get employment in the State. As per the earlier interpretations of the State Constitution, women who marry a person from outside the State lose their permanent resident status. Women's groups had been fighting a legal battle for 23 years challenging this provision as it deprived them of the right to retain the status, pursue education, take up employment and inherit property once they married a non-permanent resident.

The first petition for giving equal legal status to women of the State was filed by the granddaughter of the former Prime Minister of the State, Ghulam Mohammad Bakshi — the Chief Minister of the State was known as Prime Minister then — who lost her PRS after marrying the son of the former Punjab Governor, Surinder Malhotra.

In October 2002, a full Bench of the Jammu and Kashmir High Court comprising Justice V.K. Jhanji, Justice T.S. Doabia and Justice Muzaffar Jan said that no one should be discriminated against on the basis of sex, and women of the State would continue to retain PRS even if they marry outside. The State Government filed an appeal in the Supreme Court as it felt that the High Court order would erode the Special Status of the State guaranteed under Article 370.

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