J&K Govt addresses major concerns of people
*Dr Jitendra speaks to LG, CS
Sanjeev Pargal
JAMMU, Sept 28: Addressing major concerns of some sections of people over issuance of Domicile Certificates in Jammu and Kashmir, the Union Territory Government has proposed that the women who are not native of J&K but are married here will be eligible for the Domicile Certificates removing a major lacunae which had been left in the Domicile Law and was causing problems to number of women in obtaining the certificate even to those who were State Subject holders.
The UT Government has also decided that Permanent Resident Certificate of a single parent i.e. either father or mother will make their wards eligible for Domicile Certificates in Jammu and Kashmir.
Orders to this effect are likely to be issued by the Union Territory Government anytime after carrying out two major amendments in the Domicile Law.
The amendments were proposed by the UT Government after Excelsior exclusively highlighted that women from outside Jammu and Kashmir who were married in the erstwhile State and present Union Territory were eligible for State Subjects but were being denied the Domicile Certificate by the concerned authorities saying such a provision was missing in the Domicile Law.
Official sources told the Excelsior that as per the proposed amendments, the female whose native is outside Jammu and Kashmir but she is married to a person, who is a PRC holder and eligible to secure domicile, will also get Domicile Certificates now.
This, according to sources, will address major concern of many women especially from Punjab, Himachal Pradesh, New Delhi etc who were married in Jammu and Kashmir as they will be eligible to secure Domicile Certificate now. Earlier, such a provision was missing in the Domicile Law which had led to resentment among the fair sex married here from other States/Union Territories.
“In the pre-domicile regime, when PRCs were being issued, any female marrying a PRC holder was deemed to have acquired eligibility for acquiring the PRC. Therefore, to enable the married women/spouse for securing a domicile through the mode 1 (a) an amendment has been proposed to confer same eligibility on the wife/spouse of PRC holder, which was available earlier,” sources said.
The Government has also proposed another amendment in the Domicile Law under which absence of PRC of the father of applicant will not disqualify the ward to obtain Domicile Certificate, since one of the necessary and sufficient conditions for obtaining Domicile Certificates by children of PRC holders is Permanent Resident Certificate of the parent, which by implication includes father or mother.
“Therefore, to remove the scope for any ambivalence or wrong interpretation, an amendment is required to substitute the word mother/father in place of the word parent in the Domicile Law,” sources said.
This will particularly facilitate issuing Domicile Certificates to children producing a Permanent Resident Certificate (PRC) of either of the parents, he said.
The Government proposal noted that application were being rejected for issuance of Domicile Certificates on the ground that PRC of the father is not attached with application and the PRC of mother even when attached with application is not acknowledged as valid document to issue Domicile Certificate to the ward.
The Government attributed the problem to misinterpretation of the provisions of Domicile Law.
“After discussion with #JammuKashmir LG Sh Manoj Sinha & CS Sh Subrahmanyam, the UT Govt has agreed in principle to amend/modify rules for ease in issue of #DomicileCertificate. Formal orders being issued soon,” Union Minister of State in the Prime Minister’s Office (PMO) Dr Jitendra Singh, said in a tweet.
“This will particularly facilitate issuing Domicile Certificate to children producing PRC of any of the parents and women from outside married to PRC holder men,” he said in another tweet.
According to the new Domicile Law, non-permanent residents who have residency proof of at least 15 years in Jammu and Kashmir are entitled to Get Domicile Certificates in the Union Territory.
Prior to the nullification of Article 370 and Article 35A of the Constitution, only State Subjects were allowed to buy land and apply for Government jobs in Jammu and Kashmir.
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