Jammu and kashmir’s new domicile law

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Sidimania

Date

October 19, 2020

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new domicile law in j&k

After abrogation of article 370 and 35A on 5th august 2019 the special status of erstwhile state of J&K has been revoked, now all the acts passed by the parliament applies here without the consent of the state legislature(which is currently absent).
soon after, the J&K state reorganisation bill was passed which bifurcated the state of jammu & kashmir into two union territories namely jammu & kashmir and Ladakh.

what is the new criteria to get a domicile certificate of jammu and kashmir?

Under the new law, the UT domiciles have been defined as those who have been a resident for a period of 15 years in the UT or have studied for a period of seven years and appeared in class X/XII exam in a registered educational institute in J&k. The domiciles also include children of central government or central government aided organisations, PSU who have served in J&k for a period of 10 years. To expedite the process Tehsildars within their territorial jurisdiction have been authorised to issue domicile certificates. The government of J&k UT has also been empowered to notify any other officer to be the competent authority for the issuance of a domicile certificate.

what was the law under article 370 and 35a

Previously under article 35A and the provisions of special status of J&k the legislative assembly of J&k was empowered to define the criteria to become a permanent resident of J&k. so, the J&K constitution which was adopted on 17 nov 1956 defined a permanent resident of J&k who was a state subject as on 14 May 1954 or who has been a resident of state for 10 years and has acquired an immovable property in the state.

who were suffering due to these laws?

(1) Those refugees who came from pakistan after partition in 1947 were denied permanent resident card.(mostly hindus and sikhs)

(2) Those cleanliness workers of scheduled castes(valmiki community) brought from punjab were treated as second class citizens even after living 70 years in kashmir.

(3) Gurkha fighters who were recruited by Dogra rulers of kashmir in their army more than 100 years from now, were still not given the status of permanent resident of kashmir untill the abrogation of article 370.

how many domicile certificates have been issued after abrogation of article 370

Till september 2020 nearly 16 lakh domicile certificates have been issued, mostly(99%) to the persons whose ancestors are already living in J&K for more than 70 years now.

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