Jammu: Jammu Kashmir Sharnarthi Action Committee (JKSAC) urged upon Lt. Governor Sh. G.C. Murmu to take up the Domicile law issue with Ministry of Home Affairs, GOI with regard to hereditary residents of erstwhile J&K state settled outside particularly DPs of 1947 from POK and urged upon him to exempt them from the purview of the 15 year stay condition as notified in Domicile law which will cease their birthright of being a permanent Domicile of UT of J&K.
Gurdev Singh, President JKSAC stated that Govt. is under process to notify new land laws/bye-laws in next few days. While expressing his serious concern said that earlier while framing the Domicile law for UT of J&K the govt. has not given any serious thought regarding the heredity subjects of J&K and were kept at par with those who have become domicile by choice. It is travesty of law that many such outsider residents particularly Rohingyeas having ration cards and ID cards are casting their votes in elections for the last many years, have preferred over the bonafide subjects as per the existing notificatios. It may look most absurd when an originally born domicile may stand in line with a person of preference to obtain a Domicile certificate having 15 years stay in J&K.
Gurdev Singh further said that as per official record of the Govt. more than 5300 DP families went outside the J&K after 1947 turmoil in search of food and shelter. These families increased many folds with the span of time and today their number is in lakhs along with many others hereditary residents who also went outside in connection with employment/business and settled there. The DPs families went outside due to the gross negligence of the then state and GOI. The DPs settled outside J&K are also registered with PRO Jammu and were given relief alongwith other DPs settled here. He said that it was the legal and moral obligation of the state as well as GOI to give them an opportunity and space to come back to settle in their native state as is being done by govt. in the case of Kashmiri Migrants. But nothing as such happened in this case and their children are being punished through this Domicile criterion for the reasons occurred under the circumstances prevailing at that time which were beyond their control. The 15 year stay criteria could be justified for the people residing in other parts of India to become Domicile by choice but not for hereditary residents of J&K to obtain Domicile certificate. The govt. shall have to draw a line between people being Domicile by origin and people to become Domicile by choice.
He further said that many such hereditary residents settled outside from many years are not in a position to prove their 15 year stay in UT of J&K as majority of them are not registered with any of the Govt. agency in J&K, nor they have PRC for which they never felt any need are not covered as per the notification, which is silent about this integral section of J&K society. In this way a large chunk of people including DPs being hereditary residents would cease their rights to be the Domicile of J&K. He said the issue has been raised by JKSAC and by many representatives of DPs in print media as well as with MHA and memorandums in this regard were also submitted to Sh. G.C. Murmu in person with copies to Hon’ble Home Minister and Home Secretary of India. Despite of many assurances all went contrary to that which is a clear infringement of human rights and natural justice. He asserted that as learned from reliable sources that laws and bye-laws are being framed and going to be notified early in near future. He appealed to Sh. G.C. Murmu and Hon’ble Home Minister that representatives of DPs would be granted hearing in this perspective and should be taken into confidence before making the final call. He further appealed that DP settled outside being a rightful claimant be exempted from the 15 year stay criteria as prescribed in the notifications.
