Anamolous Gender Discrimination in Erstwhile Jammu and Kashmir

Divya Gupta

doi:10.36948/ijfmr.2026.v08i01.68760

Anamolous Gender Discrimination in Erstwhile Jammu and Kashmir

Author(s)	Dr. Divya Gupta
Country	India
Abstract	The position of woman visa-a-visa man with regard to permanent resident states has always remained a matter of controversy particularly since 1927 when citizenship laws were notified by Maharaja of J&K State. The domicile of a woman remained linked to the man before and after her marriage. Unfortunately the same rule have been carried out after accession of J&K State with Indian Union even though the constitutions of the Union and that of the state guarantee equal rights to both man and woman making no discrimination on the basis of sex. This discrimination is the product of President notification of 1954 and subsequently the constitution of Jammu & Kashmir defining the permanent resident of the State of Jammu & Kashmir and the privileges provided to him/her in the matter of property, state services, voting rights etc. As a consequence woman who is otherwise a permanent resident of the state would lose her permanent resident states if she marry a non-permanent resident as a result she cannot acquire any immovable property, get scholarship and employment in the State. On the other hand a woman who is a non permanent resident of the State becomes permanent resident if she marry a permanent resident enjoys all the privileges of a permanent resident. This is blatant gender discrimination and was challenged in the Jammu and Kashmir High-Court by the sufferers. Though High Court gave a verdict in favour of woman and said that “Daughter of a permanent resident of the State of Jammu and Kashmir will not lose status as a permanent resident of the State on her marriage with a person, who is not a permanent resident of the state.” The details of the legal process and the relief given along with the inadequacy of the judgement are being discussed in the paper.
Keywords	Permanent resident, State Subject, Discrimination, Article 35 A
Published In	Volume 8, Issue 1, January-February 2026
Published On	2026-02-13
DOI	https://doi.org/10.36948/ijfmr.2026.v08i01.68760

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Anamolous Gender Discrimination in Erstwhile Jammu and Kashmir

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