Domicile Law: An insult to Kashmiriyat, Insaniyat , Jamhuriat

Faizan Ahamd Mir
Centre recently amended J&K domicile law to reserve all govt jobs for the residents. After the amendment, all jobs are now reserved for the domiciles of Jammu and kashmir. Anyone who has resided in Jammu and Kashmir for 15 years or has studied in the state for seven years and appeared in the Class 10 or the Class 12 examination will be eligible for domicile certificates. Migrants registered by the Relief and Rehabilitation Commissioner have been exempted from fulfilling the amended requirements and so is the case with the children of employees of central government institutions, all-India services, public sector undertakings, public sector banks, statutory bodies, central universities and recognized research institutes of the central government who have served in Jammu and Kashmir for 10 years. The law also includes children of those who fulfill the aforementioned criteria even if they do not live in the Union territory. This reads the brief introduction of novice Domicile law framed for UT of J & K by Central Government. The question pertains to only appointments of domestic public sector jobs for eligibility criteria. It is to state that the law has provided more questions than solutions to the issues creeping especially after abrogation of Article 370 from the erstwhile state. The Domicile in its projected form is modified version of weak protection to the rights of inhabitants of the disputed region amid international pressures. Why has Domcile failed to satisfy hoi polio? Why Are the jobs really secure under this law? The questions can’t answer in an idealistic perspective but the thorough analysis makes the realistic perspective to a complex form where none other than permanent residents ought to bear the brunt. Domicile traces from Latin Domus meaning Home. In simple terms/ lexical conversion terms Domicile means “A residence at a particular place accompanied with an intention to remain there for an unlimited time; a residence accepted as a final abode”. Thus the formal definition amounts to residence or home for a permanent stay. The habitants of any region or territory would be deemed as Domiciles of that region. Earlier the State under shadow of Article 370 had rightly defined permanent residents as inhabitants of state and ascribed those defined rights and privileges. The erstwhile law was discriminatory for other citizens of country but rightful essence of state’s accession with Union of India. The definition of permanent residents was in essence realistic as it exclusively set the limits and barred the other citizen’s from accessing those privileges. However the law in its present form isn’t obsolete in the sense of what is provided to Domiciles but who is getting the benefits. The question of what one gets from Domicile status is too lame in front of who gets the Domicile status. Domicile status in present form has broad albeit complex and dubious provisions to be called as Real Domicile for UT of J &K.
The Domicile law needs immediate overhaul not in its provisions but definition itself for complete package as promised by central leaderships on various platforms.
The Domicile brought amid Covid scare poses multitude of questions. The primary question is the provision to include non residents with manageable conditions viz children of Central government employees, fifteen years residence etc. The Domicile in this case isn’t Domicile but a promise to disturb the ideal right with hidden attack. The residents in this case must be inhabitants / permanent residents rather than outsiders with manageable target limits. The condition of eligibility ought to be limited to only permanent residents. The way this law has been brought shows that ample scope is there for those aspiring the status in UT of J&K. The provisions have been set for appointments to public sector jobs originating in Jammu and Kashmir. However the status of Domicile would entangle the status holders in a wide bracket which might cover other privileges including land rights in future as well. Thirdly the Domicile isn’t just the case of J & K as is poised to be and projected before the hoi polio of country. There are almost 17 states with range of exceptions and Domicile rights including almost whole North East. The UT of J & K is also reeling under a unique problem of instability especially Kashmir region a hindering flower of Private Sector. Therefore the Jobs could only be produced due to Public sector initiatives which enhance its scope for Domicile rights to the residents of Valley. Summing it up the necessary amendment brought quickly after sharp outrage has left numerous things out. The best possible alternative before the centre to reach out to the masses of valley in reliance to the facts delivered by PM Modi on podium of Red Fort a year ago is to replace the law with a Permanent Residence as was in place during statehood. The question is not just about Jobs and reservation, it is a matter of who is to be resident on whose basis and the entire edifice would be structured later. The base of eligibility for Domicile needs thorough analysis before moving further in this regard else it may invite and trigger anger and frustration in the already stressed atmosphere of youth in the valley. The conventional way of tackling the separatism with conservative ideas overweighs the scheduled strategy as has been case with historical mistakes committed by majority of leaders. The liberalism has by far superseded the ideologies around with a clear track to be traversed for successful engagement of outrageous hoi polio. The doles provided through a modified Domicile are insufficient and lackadaisical to resolve the creeping issues. Moreover the region with severe instability and minimum private sector needs to support by permanent residence for inhabitants to hedge the wagon of economy forward and better the lifestyle of residents in the entire region. Above all the Domicile law needs immediate overhaul not in its provisions but definition itself for complete package as promised by central leaderships on various platforms.
(The author is a freelancer. Views are his own)