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REDRAFTED RIGHTS
4/21/2020 12:12:33 AM
Satwant Singh Rissam

After having seen a lock down last year on August 5 in Jammu and Kashmir, we all wished not to see another lock down so soon again. Sadly, from March 25 this time we again came under lockdown due to the ongoing corona virus pandemic. This situation has turned whole country as ‘one nation under God’. However, amidst the rising fear of corona virus, the centre government on April 1 announced new domicile law for Jammu and Kashmir. This new law has granted a new definition to ‘citizenship’ rights of the people after abrogation of Articles 370 and 35A last year. All the extra privileges under the Indian constitution which were withdrawn last year are now presented as a better version of redrafted rights.
Since long a projection was being made by BJP that rights and privileges of the residents of erstwhile state of Jammu & Kashmir will be protected. In fact, when the step was taken in that direction, by announcing the new domicile law, much fanfare in social and political circles wasn’t witnessed. The centre government immediately faced a lot of opposition on it as only jobs for fourth class government position were reserved for domiciles of Jammu and Kashmir. Even local BJP leaders felt that they will fail to convince people of Jammu on this issue. The united opposition from various quarters on new law forced government to make amendment in it and all jobs were reserved for domiciles of Jammu and Kashmir. Therefore, a law which had been on hold for several months was changed within 72 hours. Nevertheless, the centre government while changing legal requirements under pressure left the definition of ‘domicile’ untouched. Now under the provisions of domicile law, lakhs of non-state subjects have got accommodated in Jammu and Kashmir and in future they all will get an equal opportunity in the government jobs. Further, it has once again in the minds of people reignited the debate on the changing demography of Jammu and Kashmir.
Besides, many people are criticizing the timing of this law and some even see it with suspicion for the reason that government brought such law when country was facing corona virus pandemic. Adding to the suspicion and disappointment is the complete silence of new law over protection of land rights for the original residents of erstwhile state of Jammu & Kashmir. Due to this all, domicile law is being seen as an ‘ill-timed’ and ‘half-hearted’ step of the government. It shows that the law was revisited to remove the loopholes but still it doesn’t satisfy all the aspirations of the people. Although, West Pakistani refugees and members of Valmiki community who were demanding rights for last 7 decades have now developed a sense of belongingness in Jammu and Kashmir. Still a lot is needed to make this law more firm and strong enough to convince all because the domicile law has failed to bring smiles for residents of erstwhile state of Jammu & Kashmir.
Although centre government feels that it has satisfied interests of all people after the amendment yet all the opposition parties are annoyed. Political leaders on large are silent due to corona virus pandemic and no doubt voices will be raised for other requirements as regards residency period vis-a-vis government jobs and land right reservations. And because of this, it is possible that more amendments to domicile law could be seen in days to come once the political season is back. We all know that all the politicians and political parties have ambitions but it is necessary that all the fair corrections are done to set aside the unfair approach that kept the Jammu and Kashmir in political and social turmoil. In addition to it, when something has been brought as a relief factor then all such steps should be taken to ensure that it doesn’t become tool of exploitation. For this, all changes in the provisions of domicile should be done and all fair demands be added for protecting the future generations.
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