MHA seeks proposals from J&K, Ladakh Govts
*HP, Uttarakhand models under consideration
Sanjeev Pargal
JAMMU, Jan 3: Lieutenant Governor Girish Chandra Murmu today met Union Home Secretary AK Bhalla and other top officials of the MHA in New Delhi and discussed with them security situation in the Union Territory of Jammu and Kashmir besides other steps like protection of land, jobs and culture for which the Home Ministry has written to the administration of J&K and Ladakh UTs inviting proposals from them.
This was Murmu’s second meeting in the Union Home Ministry during past about 10 days. On December 24, Home Minister Amit Shah and top MHA officials had reviewed J&K security situation with Murmu and top civil and police officials of the Union Territory.
MHA officials Incharge Jammu and Kashmir division were also present at the meeting.
“While security situation was prime concern of the Home Secretary during today’s meeting, the issues of land, jobs and culture of the Union Territory of Jammu and Kashmir also figured prominently,” sources told the Excelsior and said the MHA has written to the UT Governments of J&K and Ladakh seeking proposals from them on the issues.
Sources said the gradual release of political leaders and restoration of mobile Internet services in Jammu and Kashmir figured during the meeting.
They said the Union Home Ministry has written to the administration of the Union Territories of Jammu and Kashmir and Ladakh seeking detailed proposals from them on the issues that were still pending including protection of land, jobs, culture, powers of Ladakh Autonomous Hill Development Councils (LAHDC), financial aspects of the Councils and all other matters which were pending for the past over two months now since J&K and Ladakh were created as the two UTs following bifurcation of the erstwhile State of J&K.
The options being explored by the Centre and the Union Territory Government include introducing mandatory requirement of 15-year residency in Government jobs, ownership of land, seats in professional and college education as reported exclusively by the Excelsior earlier.
The special arrangement could be on the lines of Himachal Pradesh and Uttarakhand.
In the Northeastern States like Nagaland, this arrangement is covered under Article 371 of the Constitution but the Union Home Ministry and Union Minister of State in the Prime Minister’s Office (PMO), Dr Jitendra Singh have categorically ruled out imposition of Article 371 in J&K.
While different States have different Residency norms, the Central Government is reportedly planning to introduce a 15-year minimum residency norm for an outsider to attain domicile status in Jammu and Kashmir.
However, this condition may not be applicable for industrial houses to buy land for setting up business ventures and construct quarters for their employees.
There is a possibility of providing relaxation to Central Government employees, who are from other parts of the country but have been living in the two UTs in last five years or more.
Also, Central officials and their children, and students who are from other States but may have cleared their Class X or Class XII board exams in Jammu and Kashmir or Ladakh may be given residency.
Officers from All India Services and their children are considered domicile of their respective cadre States usually but a decision has to be taken on whether to extend the benefits to the AGMUT cadre officers who will be now part of the two UTs.
The Ministry of Home Affairs, which is Nodal Ministry for all Union Territories in the country, have asked the administration of J&K and Ladakh UTs to send draft detailed proposals on all the issues as early as possible for settling them.
“The proposals will be prepared by the administration of two UTs but the final decision will be taken by Union Home Minister Amit Shah,” they said confirming that the Centre as well as the two UT Governments were concerned about unrest in some sections regarding the pending issues.
The Home Ministry has decided to leave the issue to draft proposals on the pending issues of the two Union Territories on the UT Governments as the local administration was well versed with them and can suggest better options, sources said, adding that the Jammu and Kashmir desk of the Home Ministry was in constant touch with administration of the two Union Territories.
Once the Government of two Union Territories draft the proposals and send them to the Ministry of Home Affairs, Amit Shah will take call on them, sources said. They added that administration of both the UTs has been asked to expedite the proposals to facilitate the Centre take decision at the earliest to remove confusion over the pending issues especially those pertaining to land, jobs, culture, LAHDC Leh and Kargil powers and financial aspects of Ladakh Union Territory.
While majority of issues of Jammu and Kashmir and Ladakh have been resolved, the Centre, according to sources, was keen to settle all other issues of the two Union Territories at the earliest with a view to ensure their smooth functioning for their fast-paced development, which was main motive of the Government.
While protection of land, jobs and culture were common issues in both the Union Territories of Jammu and Kashmir and Ladakh, the empowerment of Autonomous Hill Development Councils with more financial and administrative powers, their relationship with the UT Government and 6th Schedule status were major issues in Ladakh for which people especially students and youth were regularly holding protests.
A high-level delegation of Ladakh had also called on Prime Minister Narendra Modi, Lok Sabha Speaker Om Birla, Defence Minister Rajnath Singh and Union Minister of State for Home G Kishen Reddy in New Delhi last month projecting their issues including grant of 6th Schedule status, which the Central Government had earlier ruled out in response to a written question in the Parliament.
In Jammu and Kashmir also, various political parties and social organizations including the Bharatiya Janata Party itself have sought protection of land and jobs for the locals. Senior BJP functionaries from Jammu and Kashmir were in constant touch with the Union Home Ministry on the issue and were confident of positive outcome very shortly.
Residency norm was first introduced in 1932
Tracing history, observers pointed out that the Residency norm was first fixed by the last Dogra ruler of Jammu and Kashmir, Maharaja Hari Singh, who issued a notification on June 27, 1932, fixing 10 years of continuous residence as a mandatory requirement before “foreign nationals” can purchase immovable property and be considered as Class III State Subjects.
It said: “The foreign nationals residing in the State of Jammu and Kashmir shall not acquire the nationality of the Jammu and Kashmir State until after the age of 18 on purchasing immovable property under permission of an ‘ijazatnama’ and on obtaining a ‘rayatnama’ after 10 years continuous residence in the Jammu and Kashmir State as laid down in Notification No.-I-L. Of 1984, dated 20th April, 1927.”
However, this provision, the observers recalled, was altered by the Constituent Assembly in 1954 when it amended the Jammu and Kashmir Constitution Act, 1939, defining permanent residents of the then State as any person who, before May 14, 1954, “lawfully acquired immovable property in the State” and “has been ordinarily resident in the State for not less than 10 years prior to the date”.
The amendment deprived thousands of refugees from erstwhile West Pakistan, who had settled in Jammu province following the 1947 partition, from becoming permanent residents of the State.
These refugees will get domicile status and be eligible to buy land, get jobs and obtain admission in professional colleges in these UTs once the Government decides on a new Residency norm, sources said.
The West Pakistani refugees and Balmikis suffered a lot in Jammu and Kashmir as they were denied State Subject rights by all successive Governments till the Central Government on August 5 abrogated special Constitutional provisions of the erstwhile State, bifurcated it into two Union Territories of J&K and Ladakh and brought them at par with other parts of the country.
Follow our WhatsApp channel
