*Revenue Deptt fails to act on AG’s opinion for 18 months
Mohinder Verma
JAMMU, July 2: After sleeping over the suggestions of the Department of Law, Justice and Parliamentary Affairs and Advocate General for one and half year, the Revenue Department has finally constituted a committee to thrash out issues pertaining to Permanent Resident Certificate of women marrying non-permanent residents.
Official sources told EXCELSIOR that prior to 2002, the Revenue Department was issuing Permanent Resident Certificates (PRCs) to the female residents of Jammu and Kashmir with the endorsement as “Valid Till Marriage”. This became ground for a petition before the State High Court about 14 years back whereby selection of a doctor was challenged on the plea that she was married to non-State subject.
The judgment of Single Judge whereby selection was quashed was challenged in the Division Bench of J&K High Court and keeping in view the involved legal issue a Full Bench comprising of Justice V Jhanji, Justice T Doabia and Justice M Jan was constituted.
The reference before the Full Bench was: “Whether the daughter of a permanent resident of the State of Jammu and Kashmir marrying a non-permanent resident loses her status as a permanent resident of State, to hold, inherit and acquire immovable property in the State?”
In view of the majority opinion, the Full Bench in a case titled Jammu and Kashmir Versus Dr Sushila Sawhney and Others held that a daughter of a permanent resident marrying a non-permanent resident will not lose the status of permanent resident of State of Jammu and Kashmir.
Though the State Government initially filed Special Leave Petition (SLP) in the Supreme Court against the verdict of Full Bench of J&K High Court but later withdrew the same after making an opinion that it will carry out necessary amendments in the Act governing issuance of PRCs. However, this exercise could not be carried forward because of varied reasons as a result of which several issues relating to women marrying non-State Subjects remained unresolved.
In the absence of clear guidelines and clarifications on certain aspects, the Subordinate Revenue officers, who were authorized to issue PRCs started facing difficulties and accordingly they approached the Administrative Department with the issues—whether there is a requirement to omit the endorsement made on the PRCs as “Valid Till Marriage” of those PRC holders who had obtained prior to the pronouncement of Dr Sushila Sawhney Judgment or to issue fresh certificates; whether the children born out of the couple where husband is the non-State subject and presently settled in the house of his father-in-law and the wife is a State subject, are entitled to acquire the benefits on the status of mother with regard to issuance of PRC on the premises of her own inherited immovable property in the State.
The other issues projected by the Subordinate Revenue officers included whether the children of women who have married to a non-State subject and are residing out of the State are entitled for grant of rights and status of permanent resident-ship on the ground of being children of permanent resident mother and whether a State subject woman married to a non-State subject will lose her status of State subject or is entitled to retain her rights in holding the immovable property in the State.
These issues were taken up with the Department of Law, which referred the case to the Advocate General. Finally, the Law Department vide communication dated January 1, 2015 conveyed the opinion of Advocate General to Revenue Department.
The Revenue Department was asked to constitute an expert committee to thrash out the issues arisen after the judgment in Dr Sushila Sawhney case so that a Government policy is evolved. However, the Revenue Department remained slept over the issue.
Now, one and half year after the advice of the Law Department, the Revenue Department has constituted a committee with Commissioner/ Secretary, Revenue Department as Chairman and Commissioner Secretary Department of Law, Special Secretary to Government, Revenue Department and Deputy Legal Remembrancer of Revenue, Law, Justice and Parliamentary Affairs Department as its Members.
The committee has been asked to submit report within two months on four issues framed by the Revenue Department in consultation with Law Department in order to remove the difficulties being faced by the Subordinate Revenue officers while implementing the law on the subject.
The issues include the effect of endorsement “Valid Till Marriage” on the PRCs which have been issued prior to pronouncement of Dr Sushila Sawhney judgment as the same is prospective in nature; the status of children born out of a couple where husband is a non-State subject and family was holding permanent resident certificate before her marriage; the right of female married to a non-permanent resident with respect to disposal of property inherited by her through parents and further issues regarding divorcee and widow on which the law is not very clear.
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