New JK Domicile: Retraction of Centre’s own commitments

BJP commanding and controlling the central government under the leadership of Prime Minister Narendra Modi may be right in blaming the Congress party for taking off the track decisions and retracting from it’s own commitments on Jammu & Kashmir during more four decades of rule at the centre from time to time but unfortunately BJP itself as the ruling party at the centre is breaking all previous records of retractions in deviation from the basic benchmarks of democracy. Prime Minister Narendra Modi during his August 15 address from the ramparts of historical red fort last year and Home Minister Amit Shah on the floor of parliament on August 5 last year promised the return of popular rule with the return of statehood to Jammu & Kashmir, but barely any day passes without announcement of one or other provocative and hostile decision on Jammu & Kashmir as if Jammu & Kashmir is not a union territory but an enemy territory . Interestingly the highly provocative and controversial domicile law notification was issued on the day when on one hand the highest no COVID deaths were recorded in a single day in Kashmir and on the hand people had started preparing for the holy annual religious festivals Shab E Qadr, Jumat-Ul-Wida and Eid Ul Fitr. The public outrage against the new domicile law in March this year though forced the central government to invoke some amendments in the new law to the complete satisfaction of Jammu & Kashmir Apni Party President Syed Mohammad Altaf Bukhari in less than 48 hours but the amendments invoked by the central government in total agreement with Bukhari are totally missing in the formal notification issued by the Jammu & Kashmir Government. Taking out the amendments from the new domicile law invoked by the government itself is thus another huge betrayal which leaves no scope for any mainstream leader of Jammu & Kashmir to believe the words of Modi government over Jammu & Kashmir.
Knowing that J&K mainstream parties have also challenged scrapping of Article 35 A besides J&K Reorganisation Act 2019 and abrogation of Article 370, the central government as a mark of respect to highest court of the country should have either deferred the decision on land and job rights till the final judgment on article 35 A which used to govern property and job rights in Jammu & Kashmir or left it for the next popular government to take calls on such sensitive decisions. Retractions on commitments and deviations from the normal judicial process in the apex court of the country shows the government’s disrespect to both the basic spirit of democracy and as well as the delivery of justice delivery system.
Insulting and hurting it is that BJP says Kashmiri migrant pundits already availing citizenship rights under scrapped PRC law will now get the residential rights under the new domicile law as if they were denied rights under the scrapped PRC law for the last more than seventy years. It would have been better for the BJP to put on record the fact that migrant Kashmir Pandits are getting exclusive job quota under Prime Minister’s job package for displaced Kashmiri migrants. Taking away the rights from the bonafide residents of Jammu & Kashmir and give them away to no residents is by all standards of understandabilities the core violation of basic human rights. Agreed Jammu & Kashmir is a union territory declared under the J&K reorganization act 2019 passed by the parliament but irrefutable fact remains that Jammu & Kashmir is not a union territory similar to Pandichery and Chandigarah but a glorious state of yesteryears downgraded to a union territory qualifying fully for restoration of statehood again. Above all the central government as a mark of respect to the highest court of the country should not have taken any decision on the laws challenged by several mainstream parties in the Supreme Court of the country which has even started the proceedings on the petitions pending disposal before it. Knowing that J&K mainstream parties have also challenged scrapping of Article 35 A besides J&K Reorganisation Act 2019 and abrogation of Article 370, the central government as a mark of respect to highest court of the country should have either deferred the decision on land and job rights till the final judgment on article 35 A which used to govern property and job rights in Jammu & Kashmir or left it for the next popular government to take calls on such sensitive decisions. Retractions on commitments and deviations from the normal judicial process in the apex court of the country shows the government’s disrespect to both the basic spirit of democracy and as well as the delivery of justice delivery system.