Jammu and Kashmir
JAMMU, MARCH 9: Due to Section 6 of the state’s Constitution women of Jammu and Kashmir who are married to men from other states are facing the gender bias as their children are being denied the basic fundamental right. However, this same principle does not apply to men who are married to women of J&k state.
Children whose father is a permanent resident of Jammu and Kashmir but mother a non-permanent resident are provided with all the inheritance rights. Children whose mother is a permanent resident but father a non-permanent resident are denied the rights.
A native woman of the Kashmir valley, has challenged the validity of Section 6 of the Constitution of Jammu and Kashmir, which denies her children the right to a permanent resident certificate (PRC).
Her children have no right to inherit or own property, get admission to professional colleges and get government jobs in Jammu and Kashmir even though they were born and brought up in the state. Their only fault is that their mother had married a person who is not a permanent resident of Jammu and Kashmir.
There are hundreds of women from Jammu and Kashmir married to non-permanent residents whose children are denied basic constitutional rights of this state.
“Article 14 of the Constitution of India mentions that there can be no discrimination on the basis of gender, but Section 6 of the J&K Constitution discriminates on the basis of gender between children of a male permanent resident and of a female permanent resident irrespective of the status of the spouse’s domicile,” argues an another woman, a native of J&K married to a non-permanent resident.
Her husband teaches economics at Jammu University, but neither her husband nor children are entitled to PRC, which is required for getting voting rights in Assembly and local body elections, acquiring immovable property and seeking admission to professional colleges and government jobs.
“Denying basic rights to children of permanent resident women married to non-permanent residents is violative of Article 14 of the Constitution of India. It is purely on the basis of gender that the constitutional right is denied to a citizen,” argues lawyer Sunil Sethi, who is fighting one of the victim’s case.