Bill seeks end to J&K women’s right to marry non-residents

The Jammu and Kashmir (J&K) state legislative council has admitted a controversial bill which seeks to strip women of permanent residentship if they marry a man from outside the state.

The J&K Permanent Residents (Disqualification) Bill 2010 was moved by the opposition People’s Democratic Party’s (PDP) Murtaza Ahmad Khan in the Upper House in Jammu on Monday.
The private member’s bill will come up for discussion and vote in the next session in Srinagar.

The bill seeks to provide that a female permanent resident after her marriage, or a non-permanent resident female on termination of her marriage shall lose the status of a permanent resident.
In 2004, a similar legislation had sailed through in the legislative assembly, but failed in the Upper House after Congress, then an alliance partner of the PDP, backed out following a national outcry.

The legislation was prompted by a high court judgment in State of J&K versus Dr Susheela Sawhney case which held that there is no provision in the existing law dealing with the status of a female permanent resident who marries a non-permanent resident.

Under present laws, J&K women who marry a non-resident are allowed to inherit property, apply for jobs and contest elections. If the legislation is passed, they will lose most of the privileges.