Excelsior Correspondent
JAMMU, Oct 21: In a petition challenging the denial of Permanent Resident Certificate (PRC) to the children of state subject female married with non-state subject, High Court today issued notice to Chief Secretary, Secretary, Law Department and Commissioner Secretary Revenue returnable within four weeks.
In the petition filed by Dr Parbhjit Kour Modi, a very important question of law has been raised as to whether it is legally permissible to make classification between offspring of male non-permanent residents of State vis-à-vis female permanent residents of J&K.
The petitioner has sought declaration of Section 6 of Constitution of J&K as ultra vires to the effect that it restricts the right to PRC of J&K to the offspring of male state subject holders and denies such rights to offspring of female state subject holders who marry a non-state subject.
When the matter came up for consideration, Senior Advocate Sunil Sethi appearing for the petitioner stated at bar that though the offspring of male state-subject and female non-state subject are entitled to the benefits/privileges arising out of Article 370 of the Constitution of India but the offspring of male non-state subject and female state subject are being denied such rights and they are being considered aliens in the land of their birth.
He submitted that Grant of PRC Act, 1963 is not the common law but an act of State Legislature. By its provisions, it can adversely affect the daily lives of women who marry non-state subjects. “Section 6 of the Constitution of J&K is violative of Article 14 of the Constitution of India since it creates un-equality between a male and a female state subject holder”, Senior Advocate Sethi said.
He again submitted that not only this, Section 6 is also violative of Article 15 of Constitution of India, which guarantees that nobody should be discriminated against on the basis of his/her sex in enforcement of fundamental rights.
After hearing counsel for the petitioner, Justice Tashi Rabstan issued notice to Chief Secretary, Secretary Law Justice and Parliamentary Affairs and Commissioner Secretary Revenue returnable within four weeks. “In view of the controversy raised in the petition, notice shall also go to Advocate General for his assistance in the matter”, Justice Rabstan said.
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