THE CORE CHALLENGE IS ON THE FOLLOWING:
1 It facilitates the violation of the right of women to “marry a man of their choice” by not giving the heirs right to property, if the woman marries a man who is not a permanent resident. Her children are not given Permanent Resident Certificate and thereby considering them unfit for inheritance — not given right to such woman’s property even if she is a permanent resident.
2 It facilitates the free and unrestrained violation of fundamental rights of those workers and settlers like SC and ST people who have lived there for generations. The Valmikis who were brought to the state in 1957 were given Permanent Resident Certificates on the condition that they and their future generations could stay in the state only if they continued to be safai karmacharis ( scavengers). And even after six decades, their children are safai karmacharis and they have been denied the right to quit scavenging.
3 The industrial sector and private sector suffer due to the property ownership restrictions. Good doctors don’t come to the state for the same reason.
4 Children of non- state subjects do not get admission to state colleges.
5 It ruins the status of West Pakistani refugees. Being citizens of India they are not only stateless persons, but being non- permanent residents of J& K, they cannot enjoy the basic rights and privileges as being enjoyed by permanent residents of the state.
6 It gives a free hand to the state and politicians to discriminate between citizens of India, on an unfair basis and give preferential treatment to some by trampling over others, since the non- residents of the state are debarred from buying properties, getting a state job or voting in the local elections.