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| Congress, JKNPP MLCs' protest adjourns House for 10 mins | | LC rejects controversial PRC Bill | |
ARTEEV SHARMA
EARLY TIMES REPORT
JAMMU, Apr 5: After witnessing high-voltage drama, the Upper House of State Legislature today rejected the controversial Permanent Resident (Disqualification) Bill that aims to deny citizenship rights to women marrying non-permanent residents of the state.
The House was also adjourned for about ten minutes after the strong protest by the ruling coalition partner, Congress members and Panthers Party legislator who trooped into the Well and alleged that the amendments in the Bill violates to the Constitution of the Jammu and Kashmir.
Interestingly, it all happened in the absence of original mover of the Bill, Peoples Democratic Party (PDP) MLC, Murtaza Khan while the National Conference MLCs and Ministers remained silent over the issue.
Shouting slogans, the Congress legislators alleged that bill is against both Hindu and Muslim laws which give property rights to the women.
The trouble erupted soon after the question hour when JKNPP MLC, Mohammad Raqif Shah raised the Point of Order to know the status of the LC Bill No.04 of 2010, which was introduced by the PDP MLC in the House and accepted by Minister for Revenue, Raman Bhalla for discussion during the current budget session.
The JKNPP MLC said, "Deputy Chairman Sir, What is the status of PRC bill which was accepted by the government? Was it covered by Section-9 of J&K Constitution as the Bill directly relates to the basic, civil and political rights of females?"
"The Bill amounts to the amendment of Section 9 of the Constitution hence an amendment bill. Whether there is a bar to be introduced of such a bill in the Legislative Council within the meaning and scope of the Section of the Constitution of Jammu and Kashmir," he maintained.
The JKNPP MLC was supported by the senior Congress leader and MLC Ravinder Sharma who said that the Bill cannot be entertained and introduced in the Legislative Council as under Section 147 of the Constitutional of Jammu and Kashmir which provides any bill seeking the amendment in the Constitution should be first passed by the State Legislative Assembly.
"It was a constitutional error and this House has no jurisdiction to interpret any Bill seeking the amendment in the Constitution of Jammu and Kashmir. As this bill seeks to amend the Constitution, and only the Legislative Assembly has that powers, it is against the laws of the state and Council have no power over it," the Congress MLC said.
The MLC further said, "If it is a constitutional error it is the duty of this House to rectify it."
Another legislator, Abdul Gani Vakil said, "The Bill should be rejected as both the Hindu and Muslim laws reject it. It is also against the Shariat laws as if the bill is implemented it would debar the women to right to own property, if she marry a non-state subject."
All the Congress MLCs and JKNPP legislator stormed into the well and raised slogans against the bill terming it as "anti-women."
Though the Deputy Chairman tried to pacify the agitating members, they continued their protest continued and sought a ruling from the Chair seeking dismissal of the Bill which forced the Deputy Chairman to adjourn the house for ten minutes.
When the House met again, the members continued to create ruckus in the House with Deputy Chairman directing Minister for Relief and Rehabilitation, Raman Bhalla to answer the queries of the members.
"I accepted the bill as we did not want to give the opportunity to the opposition to score political scores. We did not want to allow them to make hue and cry that we are ignoring their issues. But as now the members have raised the technical issues and there are certain technical flaws in it. Our Party's stand is very clear and UPA Chairperson, Sonia Gandhi has already shown her commitment for empowerment of the women. I have already said in the Lower House that no power on this Earth can pass this Bill. As it needs constitutional amendment, the Bill should be introduced in the Legislative Assembly instead of this House. Now Deputy Chairman Sir, you should make the right decision," Bhalla said.
Soon after the Minister's statement, the Deputy Chairman described the Bill "non-existent" and hence dropped it from the proceeding of the House.
He said this amendment Bill, pertaining to the status of females, if married to a non-resident of J&K, in terms of Section 9 of the Constitution of J&K is a Constitutional Amendment Bill which can only be initiated by its introduction in Legislative Assembly.
He said effects of the bill shall be that a female born as permanent resident of the State of J&K loses her civil rights. He said this bill is covered by the scope of Section 9 of the Constitution of J&K, adding that the LC Bill No. 04 of 2010 moved by Murtaza Ahmed Khan, which was introduced in the current session, falls undoubtedly within the scope of Section 9 of the Constitution of J&K.
If materialized it will have definite legal consequences and shall affect the special rights enjoyed by females if they choose to marry to non-resident citizen of India. This bill if passed shall definitely alter the definition of female permanent resident of Jammu and Kashmir.
He said that this straightway leads to a conclusion that the present bill amounts to amending Section 9 of the Constitution of J&K, hence the present bill in question is related to a piece of legislation which is clearly defined as Constitution Amendment Bill.
He said that the Section 147 of the Constitution of J&K provides, "An amendment of the Constitution may be initiated only by the introduction of a Bill for the purpose in the Legislative Assembly".
The Deputy Chairman said hence coming to the conclusion after a careful consideration in this matter that the present bill falls within the meaning and scope of Section 9 and Section 147 of the Constitution of J&K said that this bill, therefore, can only be introduced in the Legislative Assembly. This bill is therefore treated as non-existent and hence dropped, the Deputy Chairman decided.
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