
The government of India on Ist April , 2020 promulgated a law , called Domicile law ,the law defines the residents of the union territory as well as eligibility of acquiring citizenship within the union territory. The persons who fulfill the eligibility criteria become the residents of the territory. The law formulated doesn’t bring within its ambit the land rights of the residents , while speaks about only citizenship , who become naturally eligible for acquiring jobs within the territory.
According to Domicile Law, the center has framed, those persons who have resided within the union territory for almost 15 years can claim for domicile. The children of people who have stayed in the JK union territory for almost 7 years and have appeared in class 11th and class12th examination are also deemed to be the subjects of the union territory. Also children of central govt. employees who have served the union territory for almost 10 years are also considered to be the residents of union territory. Besides children of all such people who fulfill such criteria are also deemed to be the subjects of the territory ,and those children who have been outside the union territory of JK either for one reason or another ,can also claim for domicile provided their parents fulfill the criteria of citizenship of the union territory. In Domicile law migrants are also classified to be the residents of union territory According to Relief and Rehabilitation Commissioner}.All such persons can claim for the domicile of union territory. The designated official for issuing the domicile certificate is Tehsildar, in case the person feels anything wrong for achieving the said document ,he /she can file an appeal before District commissioner but within 30 days .The Domicile Law framed is directly linked with jobs for persons who acquire domicile status. Such persons are eligible and can compete for all gazetted as well as non gazetted posts whenever advertised by PSC and SSRB. Whereas the LEVEL4th jobs have been reserved for persons already residing within the erstwhile state of J and K. The level 4th jobs include gatekeeper, gardener, cleric etc. In other words people of outside union territory can apply for gazetted and non gazetted posts, thus encroaching the jobs solely meant for the actual residents of the union territory .The Domicile law therefore can be called as the law of acquiring jobs, because any one else who acquires the citizenship of the union territory apart from people of the erstwhile state of j and k can compete for the jobs. The law coincides with the British philosophy of teaching English language to the Indians during pre independence era , so that they can help them in clerical assignments only.
The Domicile law , is ambiguous in nature and is full of drawbacks, like when a person fulfills the domicile eligibility and can compete for gazetted / non gazetted jobs , why on earth he is not eligible for level 4th grades .This itself violates the fundamental right of RIGHT TO EQUALITY.The restriction on class 4th jobs for outsider is itself contradiction of the domicile law, displaying aberration and complexities of the law. The law does not cover the legal land rights of the domicile persons and thus appears incomplete in itself. Besides the children of persons who have appeared only in the examination whether 11th or 12th can claim for domicile not passed. The law is framed for only neutralizing the gazette and non gazette jobs by paving way to outsiders, This will have very bad implications on the people of union territory , where there is already whooping surge in unemployment .More over the territory of j and k has been under turmoil since decades. The mental chaos and confusion has been looming on the minds of people due to bad circumstances. The natural disasters have left no stone unturned in crushing the economy of the territory, like early snowfall , floods and decline in tourism. Besides COVID 19 has brought everything to standstill especially in the union territory of j and k , which has been under lockdown post abrogation of Article 370. The Educational sector has also suffered tremendously during the persistent unrest in the valley, while the rest part of India was working normal. The center needs to revisit the DOMICILE LAW, in order to bring the solace to the trouble torn territory of union, The Domicile Law will bring dissociation rather than association among the subjectss in the union territory.
Email:----mushtaqbutt4u@gmail.com
The government of India on Ist April , 2020 promulgated a law , called Domicile law ,the law defines the residents of the union territory as well as eligibility of acquiring citizenship within the union territory. The persons who fulfill the eligibility criteria become the residents of the territory. The law formulated doesn’t bring within its ambit the land rights of the residents , while speaks about only citizenship , who become naturally eligible for acquiring jobs within the territory.
According to Domicile Law, the center has framed, those persons who have resided within the union territory for almost 15 years can claim for domicile. The children of people who have stayed in the JK union territory for almost 7 years and have appeared in class 11th and class12th examination are also deemed to be the subjects of the union territory. Also children of central govt. employees who have served the union territory for almost 10 years are also considered to be the residents of union territory. Besides children of all such people who fulfill such criteria are also deemed to be the subjects of the territory ,and those children who have been outside the union territory of JK either for one reason or another ,can also claim for domicile provided their parents fulfill the criteria of citizenship of the union territory. In Domicile law migrants are also classified to be the residents of union territory According to Relief and Rehabilitation Commissioner}.All such persons can claim for the domicile of union territory. The designated official for issuing the domicile certificate is Tehsildar, in case the person feels anything wrong for achieving the said document ,he /she can file an appeal before District commissioner but within 30 days .The Domicile Law framed is directly linked with jobs for persons who acquire domicile status. Such persons are eligible and can compete for all gazetted as well as non gazetted posts whenever advertised by PSC and SSRB. Whereas the LEVEL4th jobs have been reserved for persons already residing within the erstwhile state of J and K. The level 4th jobs include gatekeeper, gardener, cleric etc. In other words people of outside union territory can apply for gazetted and non gazetted posts, thus encroaching the jobs solely meant for the actual residents of the union territory .The Domicile law therefore can be called as the law of acquiring jobs, because any one else who acquires the citizenship of the union territory apart from people of the erstwhile state of j and k can compete for the jobs. The law coincides with the British philosophy of teaching English language to the Indians during pre independence era , so that they can help them in clerical assignments only.
The Domicile law , is ambiguous in nature and is full of drawbacks, like when a person fulfills the domicile eligibility and can compete for gazetted / non gazetted jobs , why on earth he is not eligible for level 4th grades .This itself violates the fundamental right of RIGHT TO EQUALITY.The restriction on class 4th jobs for outsider is itself contradiction of the domicile law, displaying aberration and complexities of the law. The law does not cover the legal land rights of the domicile persons and thus appears incomplete in itself. Besides the children of persons who have appeared only in the examination whether 11th or 12th can claim for domicile not passed. The law is framed for only neutralizing the gazette and non gazette jobs by paving way to outsiders, This will have very bad implications on the people of union territory , where there is already whooping surge in unemployment .More over the territory of j and k has been under turmoil since decades. The mental chaos and confusion has been looming on the minds of people due to bad circumstances. The natural disasters have left no stone unturned in crushing the economy of the territory, like early snowfall , floods and decline in tourism. Besides COVID 19 has brought everything to standstill especially in the union territory of j and k , which has been under lockdown post abrogation of Article 370. The Educational sector has also suffered tremendously during the persistent unrest in the valley, while the rest part of India was working normal. The center needs to revisit the DOMICILE LAW, in order to bring the solace to the trouble torn territory of union, The Domicile Law will bring dissociation rather than association among the subjectss in the union territory.
Email:----mushtaqbutt4u@gmail.com
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