Article 35 A is about Gender Discrimination

16 Aug 2017 12:25:37


Writers name – JKN Team


  • Omar Abdullah and his party is holding meetings and conferences in the State of J&K and opposing Article 35A. While it is very clear to them that Article 35 A is against the women living in the State. They have become insensitive to the extent that Farookh’s daughter and Omar’s sister is victim of this Article but they are ignoring this confidently.
  • Even the Chief Minsiter is failed to secure the rights of her sister married outside the State.
  • Omar Abdullah should answer a simple question - Do Sarah’s children / husband get the same rights that Omar’s children / wife get?
    • If Omar Abdullah marries any Indian from outside J&K, or even a Foreigner – his Wife gets all the rights Omar gets - Omar’s children get all the rights Omar gets
    • But, if Omar’s sister Sarah marries any Indian from outside J&K, or a Foreigner – her Husband does not get these rights - Even Sarah’s children do not get these rights. These include:
      • Education: They won’t be able to take admissions in educational institutions for Higher studies
      • Property: They can’t inherit property of their mother or buy property in the State
      • Jobs: They can’t be employed in the State government
      • Vote: They can’t vote in Assembly and local body elections


  • In fact, even Sarah was robbed of her own rights, until the J&K High Court ruled otherwise in 2002
    • This judgement too, Omar and his National Conference tried to over-rule through legislation
  • Omar should in fact explain why as NC President he threw out the Chairman of the Legislative Council from the NC in 2004? - For the ‘crime’ of having stalled such a grossly discriminatory bill from being made law?
    • He should also clarify what his stand on ‘The Jammu and Kashmir Permanent Resident (Disqualification) Bill 2004’ was … and continues to be?



Let’s take a look of Sequence of events to avoid any confusion about the impact of Article 35 A on women/ Girls of the State of Jammu Kashmir





  • Sequence of Events


pre-Oct 2002
  •          Woman J&K resident loses her status as permanent resident on marriage to a person not a permanent resident
7 Oct 2002
  • J&K High Court in case - State of J&K versus Dr Susheela Sawhney (LPA 29/279)
  • Verdict: “daughter of a permanent resident of the State of Jammu and Kashmir will not lose status as a permanent resident of the State of Jammu and Kashmir on her marriage with a person, who is not a permanent resident of the State of Jammu and Kashmir”
  • By 3 Judge Bench including - acting Chief Justice Vijay Kumar Jhanji, Justice T S Doabia and Justice Muzaffar Jan
March 2004
  •          Mufti Mohammed Sayeed’s PDP brings infamous ‘The Jammu and Kashmir Permanent Resident (Disqualification) Bill 2004’ to J&K Assembly

o        Preamble of Bill says “A Bill to provide for disqualification from being a permanent resident of the State on marriage of a female permanent resident with a non-permanent resident”

  •         Bill is passed by the Legislative Assembly unanimously within six minutes of being moved by Law Minister Muzaffar Hussein Beigh of the Peoples Democratic Party (PDP)
  •          Omar Abdullah’s National Conference supports the bill
11 Mar 2004
  • Bill gets defeated in the Legislative Counciland does not become a law
  • This is achieved as Chairman of the Legislative Council, Abdul Rashid Dar (of the National Conference) adjourned the House sine die.
  • One can visit to know the truth-
12 Mar 2004
  • Omar Abdullah is furious with Chairman Abdul Rashid Dar – holds him responsible for stalling of the bill[1]
    • As President of NC, Omar personally expels Mr Dar - terming the role played by him in stalling the bill in the council ‘shocking’
    • He goes on to describe the stalling as ‘black day’ in the legislative history of the state
He even blames CM Mufti for ‘sabotaging’ the Bill, appealing to him to join his members in “passing the Bill and make it a law”



  •         Bill continues to be pending in J&K Assembly – and can be introduced again at any time
2017 If a man from J&k marries to any Indian from outside J&K, or even a Foreigner – his Wife gets all the rights manr gets – Man’s children get all the





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