No doubt in case the applicant / her mother go to a court she will get her right since there will be nothing like Art 35A to protect such old rule / convention still held by the Authority who has denied the Domicile Certificate to a Daughter of a “Daughter PRC” unless she produces the PRC of her father. But the question is why should she have been made to think of going to a court ?Should not the Competent Authority have sought clarification from the higher authorities / authorities issuing SO 166 of 18-05-2020 before rejecting such a sensitive case? Should not the UT Government have minutely examined such like issues before making rules so that no one in the field had confusions ? Even all those who have written volumes on justice having been done to woman on 5th August 19 need to answer Ms.Aahana.

 

 

With the issuance of THE CONSTITUTION (APPLICATION TO JAMMU AND KASHMIR) ORDER, 2019 C.O. 272 on date 5th August 2019 THE CONSTITUTION (APPLICATION TO JAMMU AND KASHMIR) ORDER, 1954 C.O 48 of 14th May 1954 had been superseded there by undoing any constitutional shelter that Art35A had been providing to the irrational / inhuman/ fundamental rights violating constitutional provisions made by J&K legislature /by J&K Administration against their review by the courts like has been the case with descendent rights of “women permanent residents of J&K”. But at the same time it was also expected that the State Government / Government of UT of J&K/ Ministry of Home Affairs GOI would also issue necessary circulars for the information of the executive / field officers so as to undo the instructions issued by the administration with respect to rules / procedures so far being followed for handling the issues pertaining to the woman Permanent Residents of J&K/ as regards their non permanent resident spouse / children so that no any unnecessary representations / petitions are made in that regardafter 5th August 2020. But going by Ms Aahana’s case it appears that it has not been done.

 

 

But so unfortunately even while issuing order S.O. 1229(E) of 31-03-2020 & S.O. 1245(E) of 03-04-2020 laying down definition of Domicile of UT of J&K as well as while laying down the Rules for issue of Domicile under SO 166 of 18-05-2020 inspite of the fact that requests / suggestions have been regularly made to the Government before issue of SO 166 of 18-05-2020 and there after like for incorporating in the definition of Domicile some thing like” 3A (2) 1) :- (c) or Spouse of a PRC/SS of J&K/ Domicile of UT of J&K shall be Domicile of UT of J&K “ it has been found that right since the day the process for issue of Domicile of UT of J&K Certificates was started problems are being faced at various levels including flooding the offices of Tehsildars with applications for issue of Domicile Certificate ( even the time schedules mentioned in SO 166 of 18-05-2020 being violated, even no response from Tehsildar offices for nearly 45 days as against deadline of 15 days what to talk of 5 days limit fixed for PRC holders vide Notification 263 of 25-08-2020), a PRC holder denied domicile for “want of some more” documents, a PRC holder denied DC while his children have been issued DCand like.

 

 

So it is high time that Lt Governor Manoj Sinha intervenes and ensures that the clear clarifications to the dealing officers are issued in reference issues touched here in with special reference the case of ‘girl child’ so that Children of Daughter PRC holder married to a Non PR of J&K subject / the Non PRC husband / spouse of a Domicile are not unnecessarily discriminated / harassed even after 5th August 2020, a year after 5 Aug 2019.

 

 

Before 5th Aug 2019 Art 35A of ‘COI” was there to shelter violations of human rights / fundamental rights of a woman/ girl in J&K State and even after 31/10/2019 in the UT of J&K it appears that since neither the earlier circulars pertaining to permanent residents of J&K have been clarified / nullified as regards their applicability in the changed environment nor the definition of the Domicile of J&K as drawn on 31-03-2019/ 03-04-2020 as well as the rules vide SO166 of 18-05-2020 for issue of Domicile Certificate have been adequately laid as regards the needs ( particularly the special references that were required to be made with respect to the erstwhile Permanent Residents of J&K State as regards issue of Domicile of J&K certificate to them/ their children/ spouses) there is utmost need for issuing amendments / clarification on priority so that the applicants as well as the competent authority for issue of DC are relieved of undue stresses/ pressures. No doubt with general rules the non- PRC holder husband can get domicile after staying for 15 years in UT of J&K and their off springs can get after studying in J&K for min 7 years in UT of J&K and passing 10th / 12th class from a school in J&K.

 

 

Ofcourse in addition to requirements discussed here in why not issue orders/ amendments under Section-103 or Section-96 of the Act 34 of 2019 that for the holders of PRC/SSC of erstwhile state of J&K their PRC/ SSC be accepted where ever Domicile Certificate is needed .This will relieve Tehsildars also of mounting pressures..

 

(The Writer is Patron of JKSC, Senior Journalist & Known Analyst of J&K Affairs)