Opinion

How Jammu got universities, AAIMS and J&K daughters’ citizenship rights: A brief history – III

The people of Jammu didn’t receive institutions like Jammu University, Mata Vaishno Devi University, the Agricultural University, the Central University, and AIIMS easily—they earned them through relentless struggle

Hari Om

July 11, 2025

The people of Jammu didn’t receive institutions like Jammu University, Mata Vaishno Devi University, the Agricultural University, the Central University, and AIIMS easily—they earned them through relentless struggle

The previous 2 parts of the article can be accessed here: Part 1, Part 2. This is the third part

PILs on daughters’ rights, historic verdicts

It is generally believed that daughters of J&K got full citizenship rights on August 5, 2019, when the Narendra Modi government abrogated the state’s special status by reading down seditious Article 370 and scrapping discriminatory and unconstitutional Article 35A, and integrated the border state fully into India. It’s not true. Of course, the abrogation of J&K’s special status did empower the Hindu-Sikh refugees from Pakistan languishing in different parts of Jammu province since their migration in 1947-1948, the Valmiki samaj, and the Gorkhas to exercise all the citizenship rights which were available to the “Permanent State Subjects” under the J&K Constitution, 1957, which became a story of the past on August 5, 2019.

As for the daughters of J&K, it was this writer who approached the J&K High Court in 2004 (PIL No. 1002/2004 & CMP No. 1089/2004) through his lawyer Lalit Moza to urge it to start contempt proceeding against the J&K government for not following the judgment delivered by the Full Bench of this court in the State of J&K & others v. Dr Susheela Sawhney & others (LPA (sw) No. 27/79 C/W LPA No. 24/79) in 2002, whereby endorsement of “Valid Till Marriage” on the State Subject Certificates of unmarried daughters of the State Subjects had been struck down. On September 24, 2004, the Division Bench of the High Court, consisting of Justices Y P Nargotra and V K Jhanji, delivered the judgment. It said: “In the meantime, respondents are directed not to make any endorsement of ‘Valid Till Marriage’ on the State Subject Certificates issued to unmarried daughters of State Subjects.”

However, the Mufti Sayeed-led PDP-Congress–CPIM–Peoples Democratic Front (PDF)-J&K National Panthers Party (JKNPP) coalition government did not implement the High Court’s September 24, 2004, verdict. On the contrary, the Commissioner/ Secretary to Government, Revenue Department, in January 2005 issued a circular No. Rev(LB)87/74, dated January 25, 2005, which said: “The (State Subject) certificate may provide that the certificate may be re-issued after marriage to indicate if the lady has married a State subject or non-State Subject.”

The negative attitude of the Mufti Sayeed-led government left this writer with no other option but to again knock at the door of the High Court and seek contempt proceedings against it (COA(PIL) No. 2/2005). On July 11, 2005, the Division Bench of the High Court, consisting of Justices Parmod Kohli and V K Jhanji, stayed the January 2005 circular.

It was on August 8, 2005, that this Division Bench gave its final verdict. It read like this: “This shall dispose of WPPIL No. 1002/2004 and COA(PIL) No. 2/2005. Mr AH Qazi, learned Additional Advocate General, has placed on record Circular No. Rev/PRC/04-WP dated August 2, 2005 issued by the Government of J&K. Revenue Department in compliance to judgment of this court in case titled ‘State of J&K V. Dr Susheela Sawhney’ and order dated September 24, 2004 passed in PIL No. 1002/2004 titled Prof Hari Om V. State of J&K and others’ and order dated 11.07.2005 passed in COA(PIL) No. 2/2004, whereby circular Nos. Rev(LB)87/74 Dated 27.01.2005 and No. Rev(PRC)/04-WP dated 29-07-2005 has been withdrawn. In view of the circular dated August 02, 2005, passed by respondents, the grievance of the petitioner (in this case, this writer) stands redressed and, therefore, this Public Interest Litigation as well as the contempt petition are disposed of having been rendered infructuous. Rule, if any, issued is discharged.”

It needs to be underlined that before August 8, 2005, daughters of J&K married to non-J&K residents were denied all citizenship rights in the state, including the right to inherit ancestral property, right to government job and right to vote in the Assembly/ local bodies’ elections in J&K. It was only on August 8, 2005 that they got the right to marry persons of their own choice outside the state and exercise all the citizenship rights available to the State Subjects.

All this should set the record straight.

Conclusion

It’s clear that the discriminated against people of Jammu province didn’t get the University of Jammu, Mata Vaishno Devi University, the Agricultural University, the Central University of Jammu, and AIIMS on a platter. They got them after relentless struggles. It’s sad that their so-called representatives in the J&K Legislative Assembly, Lok Sabha, and Rajya Sabha, BJP MLAs and MPs included, failed them, let them down, and left them to the mercy of God. Similarly, it was the civil society members who fought for the J&K daughters’ citizenship rights and won.

(Concluded)

Note:
1. Text in Blue points to additional data on the topic.
2. The views expressed here are those of the author and do not necessarily represent or reflect the views of PGurus.

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