Kashmiri woman challenges state’s ‘discriminatory’ assets law

MUMBAI (Thomson Reuters Foundation) – A woman from India’s Jammu and Kashmir country is challenging a contentious regulation that denies women the proper personal belongings in the country if she is married to someone from outdoor the kingdom, saying it is discriminatory and violates her citizenship rights. The petition, with the aid of Charu WaliKhanna, a Kashmiri Hindu belonging to the Pandit network, questions the validity of an editorial of the constitution that presents everlasting residents in Kashmir special rights and privileges. Those who are not permanent citizens do not have the proper to shop for property in Kashmir, paintings for the kingdom authorities, or vote in neighborhood elections. Kashmiri ladies who are everlasting citizens lose the proper to their own belongings within the nation if they marry citizens of different states; their kids also lose their declare over the belongings.

Kashmiri woman challenges state's 'discriminatory' assets law 12

But a Kashmiri man who’s a permanent resident can very own property and bequeath his assets to his kids. However, he’s married to a lady who isn’t always a permanent resident. “The regulation is growing a scenario of discrimination and deprivation for Kashmiri women in their personal kingdom,” WaliKhanna said. “It questions my identity as a Kashmiri and denies me my right as an Indian citizen and an Indian girl,” she advised the Thomson Reuters Foundation. The Supreme Court remaining week requested the critical authorities to respond to the petition on Aug. 14.

WaliKhanna, whose family fled the nation a few decades ago, has visited numerous times for holidays, she said. She appeared into shopping for a domestic there a couple of years returned. But officers stated she could not because she isn’t always a permanent resident and that even if she were capable of showing her Kashmiri ancestry, her marriage to a non-Kashmiri makes her ineligible. A legal professional herself, WaliKhanna said she determined to report the petition because the thing passed by using a presidential order in 1954 runs counter to India’s inheritance legal guidelines giving girls the same rights and the constitutional right to equality.

She is joined in her petition by a Kashmiri female who’s a permanent resident and turned into married to a non-resident. Her husband has died, but she is still denied the proper to own belongings. Only some thousand Kashmiri Hindus, in the main Pandits, nevertheless stay in Muslim-majority Kashmir. Thousands of households fled the many years-length violence, leaving behind their houses and lands. Chief Minister Mehbooba Mufti on Friday defended the legal guidelines of the nation, announcing any trade would now not be perfect. “As a lawyer and as a lady, I locate it abhorrent that this article nonetheless stands,” WaliKhanna stated.

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