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More on Article 35-A

Earth News Service :

Sant Kumar Sharma

Jammu Aug, 18 : This post is about Permanent Residents, Male Permanent Residents and Female Permanent Residents.

It talks of how they are treated different.

Article 6 of the Jammu & Kashmir Constitution restricts the basic right of women of Jammu & Kashmir to “marry a man of their choice”. This right is being infringed by not giving the heirs any right to property if the woman marries a man not holding Permanent Resident Certificate (PRC).
Her children are denied a Permanent Resident Certificate thereby considering them ILLEGITIMATE – not given any right to such a woman’s property even if she is a Permanent Resident of the State of Jammu and Kashmir.

This is a violation of EQUALITY BEFORE LAW which is recognised as constituting BASIC STRUCTURE of the Indian Constitution.

It bears mention here that in case of a CLASH, the Constitution of India has to prevail.
The Constitution of J&K is an offshoot of the Indian Constitution, and not the other way around.
THIS VIOLATES THE ESSENTIAL FEATURES OF THE EQUALITY OF THE CONSTITUTION.

There are no such restrictions on the MALE PERMANENT RESIDENTS. They can choose their life partner unhindered marry a NON-PERMANENT RESIDENT as nothing happens to them in that event.
1. THERE are no LEGAL CONSEQUENCES (DETRIMENTAL) for MALE PERMANENT RESIDENTS in the event of their marriage with a NON-PERMANENT RESIDENT.
2. THERE are DEBILITATING LEGAL CONSEQUENCES for FEMALE PERMANENT RESIDENTS.
THE TREATMENT METED OUT TO ….
male permanent residents and
female permanent residents are different Unequal.
HENCE GENDER BIASED, loaded against  FEMALE PERMANENT RESIDENTS.

The different treatments are METED OUT to
i) Male Permanent Residents and
ii) Female Permanent Residents.  for marrying NON PERMANENT RESIDENTS.

THIS CANNOT BE DONE CONSTITUTIONALLY.

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