The Hindu : National : Fresh circular for Kashmiri women stayed

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Friday, Jul 15, 2005

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National

Fresh circular for Kashmiri women stayed

Staff Reporter

Circular says women have to reapply for the Permanent Resident Certificate after marriage

JAMMU: A Division Bench of the Jammu and Kashmir High Court has stayed the fresh circular for women issued by the Government in regard to Permanent Resident Certificate (PRC).

The controversy over the PRC issue resurfaced after the Government new circular, issued in January last, stated that "certificates issued to daughters may be reissued after their marriage to indicate whether the lady has married a State Subject or non-State Subject."

The circular was challenged by Hari Om of Jammu University, who had earlier filed a Public Interest Litigation. The division Bench of the High Court, comprising Justice VK Jhanji and Justice Parmod Kohli stayed the circular.

Besides Indian citizenship, a Permanent Resident Status (PRS) is given to those whose ancestors lived in the State for at least 10 years before May 14, 1954. Only those with PRS can buy property and get jobs. Till recently, the Kashmiri women were given PRC, which was valid till their marriage. They had to re-apply for the certificate after marriage. The "discriminatory" clause was removed after the High Court ruled on October 7, 2003 that reissuing of PRC to women after marriage violated the State Constitution and the Indian Constitution, which guarantees equality to all citizens.

The court had directed the State Government not to make any endorsement " Valid till marriage" on the State Subject certificates and held that the Permanent [Resident] Certificate would be the same whether issued to men or women. Attempts by some political parties to bring legislation contrary to High Court ruling could not succeed after the bill fell down due to lack of numbers in the Legislative Assembly last year.

"Discriminatory"

Women's groups had criticised the new circular, saying it defeated the principle of gender equality and was discriminatory.

Lalita Nagar, president of Kasturba Gandhi Trust, said: "The provision of reissuing the Permanent Resident Certificate to women after marriage is again being incorporated through the backdoor even after the clear-cut directions of the State High Court."

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