Fact Check: Can a citizen from Pakistan get Kashmir citizenship by marrying a Kashmiri girl?

Posted on 2019-10-14 19:37:37 by Ujjwal Kumar

Summary

Can a citizen from Pakistan get Indian or Kashmiri citizenship by marrying a Kashmiri woman (permanent state subject)? 

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Days after we debunked the fake news regarding Kashmiri women losing her right over ancestral properties once marrying a non-state agent, it’s time to debunk another claim associated with.

What’s the claim?

Claim 1: If a boy from Pakistan marries a girl of Kashmir, he acquires the citizenship of Kashmir.

Claim 2: If a boy from Pakistan marries a girl of Kashmir, he acquires the citizenship of India.

This claim has been endorsed by “Jagran Josh” (point 8) in one of their articles.

Even the Hindu had made a similar claim on Aug 5th, the day on which Article 370 and 35A were abrogated.

If a boy from Pakistan marries a girl of Kashmir, he acquires the citizenship of Kashmir?

As in the previous post (Kashmiri women losing her ancestral property), the judgment in State and others versus Dr Susheela Sawhney and others of 2002, is the guiding light for the above case.

From the High Court’s judgment, the crucial point to be noted is that -- who are eligible to be called a state subject. The High Court has left it to a higher bench to decide upon the matter as to whether a non-state subject acquires the status of state subject if he marries a state subject.

The Jammu and Kashmir High Court in one its judgment has held that "if a non-state subject marries a state-subject of Jammu and Kashmir, the non-state subject doesn’t become a state subject and the children born out of such couple don’t inherit from mother but only from father".

Hence it is not correct that a resident of Pakistan acquires Kashmiri Citizenship after marrying a Kashmiri woman.

In our previous post related to this topic, we had proved that if a Kashmiri woman marries an outsider, she doesn't lose her Kashmiri citizenship. However, it is true that she can't pass her ancestral properties to her kids in such a case.

What the case with a Non-Kashmiri woman marrying a permanent state subject of Kashmir?

If a woman who is a non-state subject marries a permanent state subject of Jammu and Kashmir, the woman acquires the status of her husband provided she decides to stay in the state of Jammu and Kashmir and with intention of staying there permanently.

However, if a woman decides to move out under any circumstances - for instance in case of divorce or upon the death of her husband, she is bound to lose the status of permanent state subject. The rules of acquiring permanent status in Jammu and Kashmir are very rigid and this rule is the only exception wherein one from outside the state can become a permanent state subject.

Section 4 of the J&K Land Alienation Act, 1995, Section 20-A of the Big Landed Estate Abolition Act 2007, Section 4 of the Land Grants Act, 1996, Section 95 of the J&K co-operative societies Act 1960 and Section 17 of the J&K Agrarian Reforms Act 1976, impose a complete ban on the acquisition of the immovable property by the non-permanent residents of the state.

Conclusion: It is concluded that a citizen from Pakistan doesn’t get Indian citizenship upon marrying a Kashmiri woman (permanent state subject).

On the other hand, if a Non-Kashmiri woman marries a Kashmiri (permanent state subject) the woman acquires the permanent state subject but she loses her permanent status if she decides to move out of Kashmir.

Does Pakistani man get Indian citizenship after marrying a Kashmiri Girl?

Anyone who is married to an Indian citizen can acquire Indian citizenship after 7 years of marriage.

Ref: Indiancitizenshiponline.nic.in

Hence, the claim that a Pakistani man acquires Indian citizenship by marrying a Kashmiri girl is false.

Can Pakistani man acquire OCI(Overseas Citizen of India) after marrying a Kashmiri Girl?

An OCI (Overseas Citizen of India) Card, which grants working rights along with most other rights of an Indian citizen (except voting and buying agricultural land) has lifetime validity and does not require the holder to be registered with the FRRO. One can apply for an OCI card in India after two years of marriage if he is on a long term visa (of a year or more) and registered with FRRO.

As its name suggests, the OCI card is usually for people of Indian origin. However, anyone married to an Indian citizen or person of Indian origin is also entitled to it but if you have any heritage from countries such as Pakistan and Bangladesh, you are not eligible for OCI.

Ref: ociservices.gov.in

Hence, a Pakistani man marrying a Kashmiri girl can't apply for an OCI card.

PERSON OF INDIAN ORIGIN (PIO) CARD

The spouse of an Indian citizen has the option of applying for a PIO card. PIO cardholders do not require a visa to visit India for a period of 15 years from the date of issue of the PIO card. They are exempted from registration at FRRO/FRO if their stay does not exceed 180 days, Incase if the stay exceeds 180 days, they shall have to register with FRRO/ FRO within the next 30 days.

However, men from Pakistani origin are not eligible for PIO card as well.

Ref: mea.gov.in



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