Letter from L Z Deva form Chairman of erstwhile J&K State Public Service Commission To “Editor Kashmir Horizon”
Dear Sir,
This is with reference to news story captioned ” Govtt amends J&K Domicile Act(Rules)……in Kashmir Horizon:
1)The amended rule is inherently lopsided and seemingly to accord the domicile status for a specific category of male members from the mainland.
2) Under repealed law the non- permanent lady on getting married to a permanent resident of the State would get status of her male spouse and conversely the permanent resident female on marriage with a non- permanent resident would attain the domiciliary status of her husband. At the time of framing ”Mulki rules” in Indian States the guiding principle was the dispensation available under citizenship laws which was borrowed in JK Laws also but with judicial intervention later on the erstwhile status of female residents retained notwithstanding marriage with the non- permanent residents of the State.
3)At present in most of the countries the gender specific citizenship laws have been amended for making them gender neutral provided the foreigner male establishes his intent for adopting the citizenship of his wife.
4) Under the amended JK Grant of Domicile Certificates (Procedure) Rules a male from outside JK on getting married to a local female shall attain the domicile status of JK by dint of the factum of marriage alone irrespective of relinquishing the same status he may be enjoying in his parental State/UT.
5) To prevent the misuse of the dispensation the desirous candidate should on oath affirm that in the State/UT from which he is hailing doesn’t have Domicile rules & in case the concerned place of his ordinarily residency is governed by such rules he ought to relinquish the same as one can’t be domicile of two places simultaneously.
6)Mere factum of marriage entitles a non- native to the domicile status in JK when it ought to be subjected to ” ordinarily residing in JK or permanently after marriage ”.
7) In the admissions to professional & other academic institutions against the quota earmarked for respective States/UTs the domiciliary is determined on the basis of permanent residence or on having passed 6th to 12th or 10th to 12th examinations from the concerned State/UT.
8)The domicile law is in force across India in one form or the other governing admissions to educational institutions and recruitments for quota for locals.
9) The instant amendment is antithesis of the germane of domiciliary.
Regards
L Z Deva, IAS (Retd)
Former Chairman J&K Public Service Commission
