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| State’s second family to be the first victim of PR Bill | | |
Early Times Report
Jammu, Mar 16: State’s second family will be the first victim of Permanent Resident (Disqualification) Bill if it is passed by the legislature. Former Chief Miiuster’s daughter and the incumbent Chief Minister’s sister has married an outsider. The Bill, if passed, shall relieve her of permanent resident status. Can she inherit from her father’s estate in such an eventuality?
The former Chief Minister, Dr Farooq Abdullah declared his assets before contesting the Parliamentary elections last year. The assets are worth over Rs 9.7 crore. Farooq Abdullah’s wife, as per the provisions of Muslim Personal Law shall inherit 1/8th share. Rest has to be divided among Omar Abdullah and his sister. Islamic law gives half share to daughters and full share to the son. Or to put it plainly, Omar shall get two times what his sister shall inherit if the Bill is defeated. Now, if the Bill is passed, the Chief Minister’s sister shall be deprived of her share in the ancestral (immovable) property. Pertinent to mention, in the state of Jammu Kashmir a person who is not a permanent resident cannot hold immovable property. This is how the Bill shall affect Sher-e-Kashmir’s family.
As far as the lesser mortals are concerned, the proposed Bill infringes the rights otherwise guaranteed to them by Quran and the hadith (sayings of the holy Prophet). The Bill, therefore, is ultra vires to the provisions of Muslim Personal Law if not un-Islamic. Islam does not recognize the geographical or man made boundaries. A person is at liberty to marry a person of his/her choice. Geographical boundaries have no bearing on this right. This dimension of the Bill is definitely going to evoke severe reaction especially in the Valley.
The Bill is misconceived and hits hard at the vision document of National Conference (Naya Kashmir Document) through which Sher-e-Kashmnir wanted to empower the women of Jammu Kashmir.
Section 12 of the Naya Kashmir Document deals with women empowerment. It reads: “Women citizens shall be accorded equal rights with men in all fields of national life: economic, cultural, political, and in the state services. These rights shall be realized by affording women the right to work in every employment upon equal terms and for equal wages with men……… .”
An organization that has spoken about womens’ rights in 1944 cannot be instrumental in framing a legislation which smacks of gender inequality. Even if the wisdom, if any, in the Bill is accepted for the sake of arguments, what happens to a woman incase her marriage to an outsider breaks?
As National Conference hopes to get the controversial Bill through amid stiff resistance from its coalition partner and the entire opposition, Sher-e-Kashmir will experience a few moments of discomfort in his grave.
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