For various reasons, right or wrong, the subject of issuance of Permanent Resident Certificate by Competent Government Authority has always been a ticklish problem with State Government. The issue originates in the State Subject law that had been enforced during the rule of Maharaja Pratap Singh. Who sponsored the law and how it was steered through legislative process is another story which we do not intend to open. But the real problem surfaced with lakhs of refugees from what is now called Pakistan Occupied Kashmir migrating to Kashmir and Jammu regions in the wake of 1947 tribal incursion. PoK refugees maximally migrated to Jammu region though only a few families arrived in Srinagar at that time and they were quickly re-located in Jammu by the populist interim Government then headed by Sheikh Abdullah.
The migrated Hindus and Sikhs from PoK were sooner than later faced with the state subject problem because the State Government refused to recognize all of them as State Subject alleging that non-State Subject from other parts of divided Punjab, too, had migrated to Jammu region. As the genuine migrants from PoK had run away with bare lives at the time of tribal incursion, they could not produce documentary evidence to establish their State Subject-hood. This gradually developed into a big row and has not been really resolved in entirety till date.
In the meanwhile, the State Government decided to issue Permanent Resident Certificate (PRC) to these refugees but only after they cleared a plethora of conditions, mostly unsympathetic and arbitrary. Only a small number could fulfill the conditions and got the PRCs while majority of them were left in limbo. This remained a live problem and a major irritant that kept the Government and the stakeholders at loggerheads. The mechanism invented by the Government for issuance of PRCs is so complicated as to discourage an applicant from pursuing his or her case. A large number of these people, Indian citizens in essence, were blatantly deprived of the facilities and privileges that would have normally accrued to them if they had not been denied the PRC. Especially their youth suffered great setback in regard to employment, admission to professional institutions, promotion, rehabilitation etc.
Amusingly, even the Government set forth strict conditions on the administrative authorities empowered to issue PRCs. For example, it set forth that only a state subject Deputy Commissioner or Divisional Commissioner was authorized to issue the said certificate. On the face of it, we find the order blatant violation of the Constitution of India because it is tantamount to discriminating Government functionaries of equal cadres. If the issuing authority has to be a state subject, it clearly means that a non-state subject District Commissioner or Divisional Commissioner does not enjoy the trust of the Government. Another rule stipulates that if an issuing authority is transferred, the new officer replacing him has to obtain clearance from the Government for exercising the powers of issuing PRC. There are other incongruities also.
It is now learnt that the Government intends to bring amendments to this portion of laws related to the issuance of PRC. Actually the Government plans three amendments to the existing law and the Law Department is reported to have given its clearance. The amendments to PRC law stand approved by the Revenue Department and it is going to send the amendments to the cabinet for approval. If approved, amendment to the PRC Act will be introduced in the Legislative Assembly. It is expected that in the autumn session of the assembly, these amendments will be passed.
Amendment one proposes that the power of issuing PRC will be invested in the post and not in person. It means that if an authority competent to issue the certificate is transferred, this will automatically transfer this power to the new incumbent who replaces him. In this way the long delay in obtaining fresh issuance authority will be done away with. The second amendment proposes that in case a person is found submitting fake and fictitious documents for obtaining PRC, he/she will be dealt with strictly as a case of fraud and his property will be confiscated and punishment imposed. It has to be remembered that many cases of filing fake and fictitious and fraudulent documents have been detected in the past. Now such actions will not go unpunished. The third amendment proposed is that the applicant will have the right to appeal in case his or her case for issuance of PRC is rejected by lower authority.
We find these amendments are very reasonable and that the State Cabinet will give its nod. The purpose is to make issuance of PRC easier and hassles free for the applicant and to cut short the time that otherwise was needed for completing the formalities.
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