Govt amends J&K Domicile Act, now spouse of native woman married outside to get domicile | India News
The government of Union Territory (UT) of Jammu and Kashmir removed the last hurdle to issuing certificates of domicile to spouses of married women outside of UT on Tuesday.
The new amendments made clear that ‘spouse’ covers both men and women, meaning that both men married abroad and women married abroad could, from now on, obtain domicile on the basis of their domicile. partner.
The order has been issued by GAD Commissioner / Secretary Manoj Dwivedi.
The documents required for the issuance of a residence certificate were (a) Spouse’s Certificate of Residence and (b) Valid proof of marriage. The competent authority for the issuance of the residence certificate will be Tehsildar, according to the order issued Wednesday.
Here it is necessary to mention that until now the children of these women domiciled in the UT were obtaining certificates of domicile. However, there was considerable uncertainty regarding spouses (both male and female).
This was a source of much anxiety among the women of the UT married abroad, since a very important member of the family, the spouse, was left out.
The General Administration Department (GAD), Civil Secretariat, Srinagar issued an order to this effect for the spouse’s issuance of a domicile.
To date, all political dispensations at J&K, whether headed by the National Conference, Congress, or Peoples’ Democratic Party (PDP) had continued the restriction on the issuance of Permanent Residence Certificates (PRC) to the husband (spouse) of all women of the People’s Republic of China married outside the J&K.
This had created a situation where a man from the PRC married outside could confer the PRC on his wife the moment the girl who was married outside would lose all rights.
For example, from the first North Carolina family, namely the Abdullahs-Farooq Abdullah conferred the People’s Republic of China on Mollie, a British citizen, when he married her. Similarly, his son Omar Abdullah got PRC conferred on Payal (now his estranged wife) when he married her. Ironically, when his sister Sara Abdullah married Sachin Pilot, an outsider although an Indian citizen, she was prohibited from conferring PRC on him or his children.
Referring to this peculiarity of J&K, the Prome Modi minister in his August 8, 2019 speech said: “The rights of the daughters of other regions were not enjoyed by the daughters of Jammu and Kashmir.”
It is the first time since J&K became part of the Union of India that its men and women will be on an equal footing in all spheres.
The rules of the People’s Republic of China were drafted ambiguously and deliberately interpreted so that women in the People’s Republic of China have substantially fewer rights than their male counterparts.
Here it is also necessary to mention that the battle for equality between two genders at J&K got a big boost on October 7, 2002, when a full bank of J&K High Court, headed by Chief Justice VK Jhanji, rendered a verdict. historical in the case of Dr. Caso Sushila Sawhney Vs State of J&K.
The court had held that after her marriage outside of J&K, a woman from the People’s Republic of China continued to be a People’s Republic of China. This was a very significant judgment, as previously the girls’ PRCs in J&K had the stamp of “ Valid until marriage ” and then no such stamp was placed on the PRCs issued to the men of the People’s Republic of China.
Meanwhile, the J&K Unit of the Bhartiya Janta Party has praised the decision of the UT Government issue a certificate of domicile to the spouse / husband of a native woman, who is the owner of the domicile in the UT.
Addressing a press conference in Jammu today, J&K BJP President Ravinder Raina called it a historic decision and an end to the injustice imposed on J&K girls at the hands of previous governments who married outside the old state. .
“And it was ironic to see that secessionist leaders who had married women from outside the country, including Pakistan, had assured them the rights / status of state subjects. But J&K daughters who were marrying people within India but outside of J&K were losing all rights in J&K, he alleged.
Referring specifically to the deprivation of property rights of women who married a person from outside the old state, the former Senior Deputy Minister and senior leader of the BJP, Kavinder Gupta, said it is due to the government’s tireless efforts of the BJP directed by Narendra Modi in the center that his rights have been restored after the abrogation of art. 370 and 35A.
“Starting today, daughters and their spouses will be able to obtain property rights to their existing properties in addition to the properties they now buy at J&K UT, he said, adding:“ As a result, the Center’s focused attention to the issues of J&K women, now the husband of a woman married to a person outside of J&K is entitled to obtain a Certificate of Residence from this Union Territory. ”