[Reader-list] Bill to disqualify Kashmiri women from remainingstate subjects
kshmendra2005 at yahoo.com
Wed Mar 10 16:08:07 IST 2010
@ Sonia - Dont know of any cases of "KP women who marry other KP women" (how does one type the 'smile' icon?)
@ Kamal - Your implication that the proposed Bill is specially meant to exclude KP Women is a ridiculous one. So is your challenge "to produce a list of just fifty Kashmiri Muslim women who have done so" (married non-State Subjects) in past fifty years. I personally know of 5 such cases.
It is important to understand the background.
A Division Bench of J&K High Court gave the ruling that on the issue of "State Subject" you cannot differentiate between sexes. A Special Leave Petition (SLP) was filed against this in the Supreme Court but was subsequently withdrawn.
Prior to this ruling:
- A State Subject (SS) Woman marrying a Non-SS, she was considered to have lost her SS Status and in any case her children were not considered a SS. The Non-SS man continued to be a Non-SS
- If a SS Man married a Non-SS Woman, their children were considered as SS.
- The status of the (prior to marriage) Non-SS woman was ambiguous as to whether she was a SS after marriage or not.
In the case that reached the High Court, the central issue was of Inheritance Rights of the one who used to be a Non-SS. Their being considered or not being considered a SS after marriage (to a SS entity) became contentiously important if the Inheritance included Immovable Property, which can be owned only by a SS.
The High Court ruling, did not declare whether the (prior to marriage) Non-SS (man or woman) became a SS after marriage to a SS or whether a SS Woman lost her SS status after marriage to a Non-SS. But it did secure their rights of Inheritance, including those on Immovable Property for all Man or Woman irrespective to their SS or Non-SS status prior to marriage.
The exact provisions of the New Bill are not known to me, but from the Press Report forwarded by Sonia, it does seem that one of the intentions is to treat Women differently from Men with the prejudice and bias being against Women. That is an attitude to be found commonly amongst both Muslims and Hindus.
--- On Wed, 3/10/10, S. Jabbar <sonia.jabbar at gmail.com> wrote:
From: S. Jabbar <sonia.jabbar at gmail.com>
Subject: Re: [Reader-list] Bill to disqualify Kashmiri women from remainingstate subjects
To: kamalhak at gmail.com, reader-list-bounces at sarai.net, "Sarai" <reader-list at sarai.net>
Date: Wednesday, March 10, 2010, 12:06 PM
Please remember that J&K has a separate constitution from the Constitution
of India and that the bill has to do with the idea of the 'State subject,'
which, if I remember correctly was formulated in Maharaja Pratap Singh's
time to prevent wealthy and educated Punjabis from the plains from acquiring
land and government jobs.
Since 1947 the idea of who is a 'State Subject' and who is not acquired
great political overtones. For example, the newly elected Kashmir Assembly
wanted to preserve the status of refugees who fled the state in 1947 and
even today that person has the right to return. However, unlike Punjab
where property on both sides of the border was declared 'enemy property' and
refugees rehabilitated after their claims were assessed, no such thing was
done in J&K. Thousands of refugees from Mirpur and Muzaffarabad displaced
in 1947 still live in 'camps' in Jammu. But their condition is better than
the terrible condition of the stateless refugees from say, Sialkot, who fled
to Jammu, which was closer than cities in Indian Punjab. These poor people
have been living in the most abject condition since 1947 without a strong
lobby in Delhi or Srinagar to support their basic rights as citizens of this
Kamal, both Hindu and Muslim who choose to marry men who are not state
subjects will suffer and in this it controls the woman's choice. KP women
who marry other KP women will not lose their status, but KP women who marry
Bengalis or men from Delhi or Chandigarh would. Similarly, Muslim women who
choose to marry outside their community of Kashmiri Muslims would lose their
status and privileges.
Not surprisingly, in the most blatant display of chauvinism both Kashmiri
Muslim and Pandit men can marry whom they wish and retain their privileges
of state subject.
> From: <kamalhak at gmail.com>
> Reply-To: <kamalhak at gmail.com>
> Date: Wed, 10 Mar 2010 06:00:48 +0000
> To: "S. Jabbar" <sonia.jabbar at gmail.com>, <reader-list-bounces at sarai.net>,
> Sarai <reader-list at sarai.net>
> Subject: Re: [Reader-list] Bill to disqualify Kashmiri women from
> remainingstate subjects
> Hope the vigilante will not see an indian conspiracy in this. Apart from this
> there is nothing surprising in the bill. One needs to understand who all will
> be affected by this bill becoming a law. Though, it will be politically
> incorrect to say this, yet one can't deny the main sufferers will essentially
> be displaced Kashmiri Pandit women. The bill is, therefore, a yet another
> step in the process of preventing the displaced Kashmiri Pandits from seeking
> their rightful place in the land of their ancestors.
> One also needs to look through the paradox of facilitating the return and
> settlement with honour of wanna be militants on one side and preventing a
> rightful place to a Kashmiri women for her folly of marrying an Indian
> Going through the events and politics of Kashmir during last two decades, one
> can safely predict a legislation the strips the displaced Kashmiri Pandits of
> their permanent residency in Kashmir because of their two decade old absence
> from the state.
> Jai Ho!!!
> Kamal Hak
> Sent from BlackBerry® on Airtel
> -----Original Message-----
> From: "S. Jabbar" <sonia.jabbar at gmail.com>
> Date: Wed, 10 Mar 2010 10:52:38
> To: Sarai<reader-list at sarai.net>
> Subject: [Reader-list] Bill to disqualify Kashmiri women from remaining
> state subjects
> Shocker on Women¹s Day
PR Bill again haunts govt
NC allows PDP bill for
Rising Kashmir News
Jammu, March 8: A Bill moved by PDP legislator
> Murtaza Ahmad Khan to provide
for disqualification from being Permanent
> Resident (PR) of the State on
marriage of a female resident with a
> non-permanent resident was allowed in
the House unopposed.
The bill (LC
> Private Members Bill No 04 of 2010) moved by Khan was allowed
unopposed in the
> House. The Bill favours disqualification from being
Permanent Resident of the
> State on marriage of a female permanent resident
with a non-permanent resident
> and on termination of marriage of a
non-resident female with a permanent
> resident husband.
The Bill was passed by the Legislative Assembly in March
> 2004. However,
Congress, which was then the coalition partner of PDP-Congress
alliance voted against the bill in Legislative Assembly. The bill
rejected by the House.
NC had then supported the Bill but Congress was
> strongly opposed.
The PDP legislator Murtaza Khan also moved a Bill (LC
> Private Members Bill
No 01 of 2010) to provide for effective protection of
> women from domestic
violence and for matters connected therewith was rejected
> by the House.
Earlier, the government had said that it will move a bill on
Violence in the Assembly.
''To empower the Jammu and Kashmir women
> so that they can fight for their
rights, the government is going to move a
> bill on Domestic Violence in the
ongoing session,'' Sakina Ittoo, Minister for
> Social Welfare had said.
She had said that the bill will soon be tabled in
> the Legislative Assembly.
³We are sure that the government will give green
> signal for its
implementation in the state.''
Sakina had said the complaints
> of domestic violence are rising in the
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