New Domicile Law for Kashmir Evokes Sharp Reaction


New Laws  Aimed To ‘Change Kashmir Demography’: APHC

Srinagar: Parties cutting across ideological lines have flayed the newly introduced Domicile Law for Jammu and Kashmir known as Jammu and Kashmir Reorganisation (Adaptation of State Laws) Order, 2020 and Jammu and Kashmir Grant of Domicile Certificate (Procedure) Rules 2020 with many unionist parties demanding its immediate revocation.

Aimed at demographic change: Hurriyat

Mirwaiz Umar Farooq led Hurriyat Conference on Tuesday accused BJP led government in New Delhi of speeding up new ordinances in the midst of a pandemic to change demography of Jammu and Kashmir.

In a statement issued to media, a Hurriyat Conference (M) said that in the garb of coronavirus and the lockdown following it, the government of India was rapidly executing its plan of turning Kashmir into a Muslim minority territory.

“When the world is struggling to deal with a global pandemic, the government of India is sneakily speeding up new ordinances to effect demographic change in Jammu and Kashmir and turn its residents into a minority in due course of time,” the spokesperson said.

“That this is being done at the time of the pandemic which follows the August lockdown so that people already under duress due to the repeated lockdowns are unable to protest it, makes it more condemnable,” he added.

The spokesperson said that government of India was making such moves believing that the world community won’t take notice of it since they are focussed on the pandemic.

“So, we fervently appeal to the global community and people with a conscience in India,  to  wake up to these happening in J&K and respond to our situation in the light of ethics and principles of justice,” he added

APHC reiterated that Kashmir is an internationally acknowledged issue and has to be resolved peacefully between India Pakistan and the people of entire J&K, the three parties to the conflict.

Murder Of Democracy: Soz

Terming the new domicile law as a murder of democracy, senior Congress leader and former union minister Saifuddin Soz on Tuesday said that Supreme Court of India and the Modi-led government are working in tandem to usurp the democratic rights of the people of Jammu and Kashmir.

“I reject the adaptation of state laws certificate ( procedure rules)2020. This order of the Union Territory govt is illegal and unconstitutional and it is murder of democracy,” Soz said.

He expressed his surprise over the move saying the matter is already before the Supreme Court which has constituted a Bench for the hearing.

“It is no longer a secret that that SC and the Govt are working in tandem to usurp the democratic rights of the people of Jammu and Kashmir,” Soz said.

He urged the people of the Union Territory to organize a strong sustained democratic and transparent movement for restoration of democratic and constitutional rights of the people.

Revoke It Immediately: NC 

In a statement party has stated that both the S.O 1229 (E) Domicile law and S.O 166 prescribing the procedure for grant of Domicile Certificate are made in exercise of power under the Jammu and Kashmir Reorganization Act 2019, challenged in number of petitions before the Supreme Court, the hearing before the Constitution Bench has commenced and is proceeding ahead. It is stated that with the constitutional validity of the Act impugned and the petitions under consideration of the Court, the Government of India in tune with the universally accepted principle of “constitutional proprietary”, is under an obligation to desist from exercising powers under the impugned Act including the power to promulgate Domicile law and Rules in question. It is stated that the National Conference has taken a principled stand on the floor of the Parliament and outside that the decisions of 5th August 2019 taking away special status and constitutional guarantees available to Jammu and Kashmir and dividing and downgrading the State are unconstitutional, unilateral as also against the federalism, the basic structure of the Constitution. The Party has pleaded these grounds before the Court. The post 5th August events in Jammu and Kashmir also indicate massive public disapproval of the decisions in all the three regions.

The statement adds that though the Domicile Order and Rules would not be acceptable at any point of time because of well known stand of the Party that the measures are aimed at disempowering the people of Jammu and Kashmir and effecting demographic change, yet the timing of the Order and Procedure in question is also grossly inappropriate and unethical in as much as when entire mankind including the people of Jammu and Kashmir are in complete lockdown engaged in battle of survival against Coronavirus, the Government of India has found this opportune time to push in the measures, palpably anti people and unconstitutional.

This apart, the statement adds, the Domicile Order as well as Procedure are anti people as not only because these are ambiguous and misleading opening flood gates but these would push people with valid state subject certificates to uncertainty and hardship as the benefits would not be available unless they obtain Domicile Certificates under the Rules.

The Party while reiterating its resolve to continue its struggle through all peaceful means for realisation of political aspirations  of the people of Jammu, Kashmir and Ladakh, has asked the Government of India to immediately revoke the Domicile Order and Procedure as these measures will widen the gulf between the people of Jammu and Kashmir and the rest of the Country and add to alienation.

Flood gates opened for outsiders: Cong

Pradesh Congress committee(JKPCC) has said that domicile law has opened flood gates for outsiders and enabled large number of outside residents to avail and share all the rights at par with original natives and residents  of Jammu and Kashmir, contrary to repeated claims and assurances,  during and post abrogation of Special Status.

In a statement PCC Chief G.A. Mir termed it a betrayal with the people especially youth of J and K, who were promised complete protection of rights to jobs and land, even post abrogation of art 370.

The ruling BJP time and again mislead and befooled those who opposed the abrogation of Special Status to allow the outside people to become eligible for all limited government jobs and land as well all other resources, hitherto availed by the locals of J and K. The government Authorities and BJP leaders would always assure the people that their all such rights shall stand protected, which came out to be false and fake. G.A. Mir said.

He said Lacs of people including their descendants from those included in the categories of domicile especially those having no ancestral linkages or a rightful claim, would be eligible for all available Government jobs and in future also , on the strength of having domicile right based on fifteen years of stay here,  or any of their parents having served for a total of ten years or others having studied here for seven years.

Mir said thousands of jobs in Govt  , semi govt sectors and Jk banks have not been filled up,  with a view to make these categories of Outsiders to be eligible.

He said the Centre government has chosen the lockdown period of Covid – 19, to bring all such changes and introduce all these things against the rights and wishes of overwhelming majority of people in Jammu and Kashmir.

Inappropriate and untimely: JKAP

Jammu Kashmir Apni Party (JKAP) on Tuesday termed framing of new Jammu and Kashmir Domicile rules as inappropriate and untimely in absence of a popular government in J&K.

“The timing of framing of these important rules is not only inappropriate but grossly unethical. There is no popular, elected government in place in J&K wherein the legislature could have thoroughly discussed and deliberated upon eligibility criteria for availing domicile credentials,” the JKAP spokesman added.

He demanded that the entire exercise be put on hold till there is an elected government in J&K. “The people in J&K are presently engaged in battle of survival against Coronavirus, and it would be constitutionally and morally indecorous to thrust these rules, framed by bureaucracy, on them,” he observed.

The spokesman reiterated JKAP’s stand to continue with its efforts to get this law revisited in its entirety in order to remove the loopholes till it satisfies the aspirations of people of Jammu and Kashmir.

He said that the JKAP has already made public its stand with regard to Domicile Law and avowed to continue its struggle till the hostile sections in the law like, mandatory tenure for non-natives to reside in J&K and cut off dates to qualify for the domicile are not rectified as per the demands of the people of Jammu and Kashmir.

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