Shabir Ahmad
The Ministry of Home Affairs, government of India has brought a new law on domicile subject that defines the permanent residents of Jammu and Kashmir, as the mainstream leaders were pressing hard for it since the abrogation of special status in August last year. The order has repealed many existing laws of erstwhile State of Jammu and Kashmir and amended many others. The law has abolished The Jammu and Kashmir Commission for Backward Classes Act, 1997 as a whole. This move is going to have serious consequences for lakhs of educated unemployed youth of Jammu and Kashmir. As per the recent survey, there are more than seven lac unemployed graduate and almost two lac unemployed postgraduates in Jammu and Kashmir. And this law will leave them jobless. The law provides that those who are residing in Jammu and Kashmir for last fifteen years, those who have studied in Jammu and Kashmir for seven years and have appeared in 10th or 12th examination; and children of central government employees who have served in Jammu and Kashmir for at least ten years, etc. are now eligible for domicile rights along with other benefits like employment. The new law on domicile subject is contradictory and provides a tunnel for non J&K residents to encroach on the protection of jobs that were available to them prior to this law. This law is going to affect the people of Jammu and Kashmir in many respects in future. In fact, it will make them jobless. Now, there will be national level competition for the jobs of Jammu and Kashmir.
New domicile law is nothing but more than a deadly weapon to harm and injure the interests of the permanent residents of Jammu and Kashmir.
The jobs up to the lowest level (Class IV) of non-gazetted rank have been reserved for Jammu and Kashmir domiciles, while as for rest of the jobs including gazetted and non gazetted ones, anyone from across the country is now eligible. Isn’t that a crucial joke against the aspirations of people of Jammu and Kashmir? Once the new domiciles will settle down here in Jammu and Kashmir, they will acquire immovable property and with the passage of time they will be eligible to right to vote in Jammu and Kashmir.b The Union Territory of Jammu and Kashmir is a Muslim majority region comprising of more than sixty seven percent population. And with the enactment of this law, it will provide domicile rights to mostly non Muslim persons, who are either migrants, children of bureaucrats or other central government officials; and with this, it will change the Muslim majority region into Muslim minority region. The law provides for dual citizenship to those who are eligible for new domicile certificate as these people will continue to be the residents of their native states or union territories as the case may be. As the law doesn’t speak whether the new domiciles will have to give up their resident rights of presently residing state. The law is discriminatory in nature. For instance, if I am a permanent resident of Jammu and Kashmir and l have acquired my education or l have served as a central government official in Delhi, UP, MP, or in any other state of Indian union; will l and my children be given the permanent resident rights of that very state? off course, no. So, how the people of other states can acquire permanent resident rights of Jammu and Kashmir. The law is silent about the rights of those Kashmiri’s who have returned from Pakistan along with their families in 2010 under a special scheme announced by then CM Omar Abdullah. After the enactment of this law, hundreds of paramilitary personnel, who are performing their duties in Jammu and Kashmir since decades will also acquire permanent resident rights. Not only this, but foreign nationals, refugees including west Pakistani ones will now derive the rights of permanent residents with this law and they will be treated at par with permanent residents. But, at the same time, this law doesn’t talk about rights of those females who would or have married to males of Jammu and Kashmir. It has not been clear in the law, whether they can also acquire these rights or not. The law serves the interests of non local bureaucrats, officials, businessmen, students and labourers and puts interests of permanent residents of Jammu and Kashmir at high risk. As we all know, center has passed Citizen Amendment Act, 2019, if this law doesn’t provide citizenship rights to the foreign students, businessmen and labourers than how such a draconian law can be enacted and implemented in Jammu and Kashmir. Therefore, the law is contradictory to the CAA, 2019. The law has also repealed Jammu and Kashmir civil services (special provisions) act, 2010, which will put the services and livelihood of hundreds of contractual, casual and adhoc employees in danger, who are serving in government for last more than 15 years or more. Isn’t it a joke that for whom the act has been enacted, it reserves mere class IV level jobs for them? This law wants to make the permanent residents of Jammu and Kashmir mere serfs. Doesn’t it mean that central government wants to see talented highly qualified youth of Jammu and Kashmir in a state of serfdom? The law reminds me of famous theories promulgated by German Philosopher, Karl Marx such as Theory of Alienation, Capitalism and Proletariat. With the enactment of this draconian law, it seems that center has no mood to serve the interests of the people of Jammu and Kashmir any more. As the Article 370 and 35 A have already were abrogated, now it seems very difficult for mainstream politicians in particular and to the common masses in general, to get their interests served and rights protected. It will not be wrong to say that center is taking critical decisions apropos to Jammu and Kashmir in haste and it will for sure have serious consequences upon the basic rights and interests of the people of Jammu and Kashmir. To conclude it can be said that this new domicile law is nothing but more than a deadly weapon to harm and injure the interests of the permanent residents of Jammu and Kashmir.
(The Author is Freelance .Views are his own, [email protected] )
