How the Jammu & Kashmir New Domicile Law will Impact the Residents in the Territory?

Must Read

Implications in Travel Insurance in Light of the COVID-19 Crisis

As the world, today is crippled by this once in a century pandemic and as of date more than...

Second-Round Effects of Rent Control Laws: The Argentine Case

Introduction In colonial India, a city had an issue with its cobra population, which was a problem clearly in need...

Why Are the Big Techs of Silicon Valley Accused of Anti-Competitive Behaviours?

The big tech giants of the Silicon Valley are facing major challenges with relation to their monopolistic powers after...

KSK announces Sanjay Kumar as a Partner for Pharma & Life Sciences Practice

New Partner for KSK's Pharma & Life Sciences Practice King Stubb & Kasiva recently announced that Mr Sanjay Kumar has...

The Debate Between IPR and Competition Law Explained

There are various market processes or structures that govern market scenario. For simplicity, this paper focuses on two mechanisms:...

The Competition Law Regime and Re-Tooling Patent Pools In India

The adversity to acquire licenses of various patented technologies can thwart the commercialization as well as the development of...

Follow us

Eight months back, the Central Government revoked Article 370 of the constitution. And now, it brought a new notification into place to change the years-old domicile law of the area. The new definition of ‘domicile’ in Jammu and Kashmir Reorganisation (Adaption of State Laws) Order, 2020 made all the citizens of India eligible for government jobs in the UT. To be a domicile, they need to fulfil certain conditions.

As per new criteria, any person who has resided in the region for 15 years is eligible to become the domicile of J&K. Meanwhile, it is 10 years in the case of any Central Government official (and their children) and 7 years for high school students. Moreover, the UT administration issued Jammu and Kashmir Grant of Domicile Certificate (procedure) rules, 2020 to ensure the speedy process of domicile certification. These rules need officials to give a domicile certificate to eligible candidates within 15 days of application. Also, fine of Rs.50,000 is to be deducted from the respective official in case of non-compliance with the time limit.

Is the New Domicile Law Mandatory?

But the question is why did BJP create this new category of residents in the region? More so when it already abrogated the special status of J&K in August 2019.

There can be various aspects related to this action. After the removal of the special status of J&K, there had been a huge demand from Hindu-occupied districts. Their demand was to secure government jobs for local people. ‘Apni Party’ formed in March 2020 also had this demand to secure property rights and government jobs for the local residents. It is important to note that the Hindu population forms a major part of the local government body in the valley. Thus, it was important for both the Central Government and the new political party to gather large support from these masses.

Even though this job plan would benefit the parties to some extent, the introduction of a separate domicile category is an important step. It was to carry forward the agenda for which removal of Article 370 took place. Moreover, there had been various talks about the movement of a large number of Muslims into the valley. Once the bar on the sale of land and the immovable property gets lifted, there would be a huge influx of Muslims. With this new domicile law, the Central Government can control its movement to make sure that its abrogation plan does not fall apart.

The Way Forward: Will the Panic Settle?

The new domicile law reserved only lower fourth class jobs for the locals in its initial stage. But after receiving a reprisal from the Hindu-dominated region, BJP amended the law to reserve all jobs for the domiciles.

Besides this, two more amendments took place in the initial order. The eligibility basis for Central Government employees changed from “have served” to “shall have served”. This qualifies those employees also who have already served for 10 years or will serve in the future. To avoid any confusion, the Central Government also changed “shall be deemed to be a domicile” to “shall be a domicile”.

In Kashmir, an estimated 600,000 security forces are being mobilized to battle militancy. Besides, there are around 700,000 migrant labourers in the region. Local residents have a fear that a large number of both these “outside” sections would become a domicile.

“Even during a pandemic of colossal size, a party is going ahead with its Hindutva project to further dispossess Kashmir politically, economically and psychologically. With the obvious aim to instigate a demographic change,” Gowhar Geelani, a Srinagar-based political commentator, wrote on Facebook. “Tough questions should be asked of all political formations across the ideological spectrum for their inability to safeguard Kashmir’s interests.”

The Central Government has already accepted 300,000 West Pakistan Refugees as domiciles. Most of these refugees are Hindu. When Article 370 was in force, these refugees were barred from becoming the citizens. New Delhi is also trying to attract corporate leaders and traders to invest in Kashmir with an alluring offer of a 6,000-acre land area. Non-state subjects would also increase the existing unemployment situation in the region. All these actions have created a wave of panic amongst the local population about their survival in the valley.

Author’s Opinion

Even though the rules on the time frame for granting domicile are strict, there is a rationale behind it. With so many days of internet lockdown in Kashmir valley, the rage amongst the population has already increased. As a result, militancy is on the rise in the region, recent attacks on the Army soldiers being a testimony to it. It is but obvious that there will be huge pressure on government servants to not follow these orders. Pressure from masses or the officer’s prejudice might hamper the process. The penalty upon government officials is to make sure that no eligible person under the new domicile law remains uncertified.

Thinking from India’s perspective, Pakistan which earlier depended on a plebiscite to resolve the issue before the UN will have less support from the valley after the influx of non-state subjects.

As for the unemployment crisis, investments from big corporate houses would create greater job opportunities in the valley. This would also help in uplifting the economy of the state. The unemployment crisis once resolved, would also reduce the cases of armed conflict and terrorism in the region. is now on Telegram. Follow us for regular legal updates and judgements from the court. Follow us on Google News, InstagramLinkedInFacebook & Twitter. You can also subscribe for our Weekly Email Updates. You can also contribute stories like this and help us spread awareness for a better society. Submit Your Post Now.

Latest News

Violation of Executive Instructions Cannot Be Sole Ground to Invalidate Transfer Orders: Tripura High Court

In Dr Bithika Choudhury vs the State of Tripura & Ors., a Division Bench consisting of Hon’ble Justice S. Talapatra and Hon’ble Justice S.G. Chattopadhyay...

Case Regarding Anticipatory Bail, Applicant May Be Released Imposing Suitable Conditions: Gujarat High Court

A Single-Judge Bench of Gujarat High Court consisting of Honourable Dr Justice A.P. Thakur had been hearing submissions of the Applicant to release him...

Proof of Infliction of Fatal Injury Not Mandatory for Conviction Under Section 307, IPC: Tripura High Court

In the case of Mamin Miah vs the State of Tripura, a Division Bench consisting of Hon’ble Justice S. Talapatra and Hon’ble Justice S....

Bombay High Court Pursues Case Alleging Media Trial, Says NBSA Guidelines Must Be Toothed by Centre

Amid the pleas alleging media trials, the Division Bench had been hearing submissions of the News Broadcasters’ Authority (NBA). It prayed that severe restrictions...

Himachal Pradesh High Court Supports Promotion Based on Seniority of Post Rather Based on the Eligibility Test

In the case of Ramesh Chand Versus State of Himachal Pradesh & Others, the petitioner, reached the court as he was aggrieved by the...

NCDRC Dismisses PIL against Urologist, Holy Family Hospital, Says Mode Of Treatment Or Skill Differs From Doctor To Doctor

The National Consumer Dispute Redressal Commission (NCDRC) dismissed a petition against Holy Family Hospital and a Urologist, alleging negligence in diagnosing the septicemia and...

Himachal Pradesh High Court Disposes Suit for Possession and Permanent Prohibitory Injunction Due To Mutual Consent

In the case of Parveen Kumar vs Smt. Vijay Laxmi and Ors, the Petitioner, Parveen had filed a suit for declaration, possession and a permanent prohibitory...

Supreme Court Appoints Committee To Examine Arbitrariness of Sealing of Resorts in Elephant Corridor, Tamil Nadu

A Full Bench headed by the Chief Justice of India, in the matter of Hospitality Association of Mudumalai V. In Defence of Environment and Animals...

Madhya Pradesh High Court Rules That Export Ban on N95 Masks & PPE Kits Does Not Violate Fundamental Right of Traders

The Madhya Pradesh High Court held that the formulation and regulation of trade policies were within the subjects of the Central Government. Any reasonable...

Delhi High Court Issues Notice To Two Pleas Filed Praying for Recognition of Same-Sex Marriage

The Court heard two writ petitions which urged that the Special Marriage Act and the Foreign Marriage Act be interpreted to also apply to...

More Articles Like This

- Advertisement -