J&K and BJP: The Saga Continues...

Remember 6th August 2019, when we said Goodbye to Article 370. Well, the new domicile law just reignited
those sentiments. Better!! it is an "Insult heaped on Injury" as Mr. Omar Abdullah describes it.

Before we solve this Insult-Injury conundrum, let's rewind a little. Until August 2019, Jammu and Kashmir
had special status under the constitution which allowed it to restriction local property rights,
government jobs and scholarships to its Permanent Residents (Article 35A!!). Also, state legislature got
the "Sole" mandate to decide who is a permanent resident in J&K.

Now in the evening of 31st march 2020, things took a spicy turn for the saga. The top brass in New Delhi
came out with Jammu and Kashmir (Adaptation of State Laws) Order, 2020 which inserted the 'domicile
of the UT' clause under J&K Civil Services (Decentralization and Recruitment) Act. For the people who
are not a big fan of legal terms - No more permanent residents but Domicile of UT(mind it not state).
Also, the government came out with new list of criteria which can deem you or I as domicile of J&K. So,
what are these Criteria?

But WAIT!!! Before the whole article goes down the drain....

Domicile is the status or attribution of being a lawful permanent resident in a particular jurisdiction.
Similarly, the State Governments issues domicile certificate to prove that a person is a resident of a
certain State.

NOW let's look into the criteria (Infographic). One cursory reading of
these 5 points is enough to judge that center has relaxed the idea
of domicile way way.....way too much in comparison to Pre -
August 2019 era. To add to that, the order came with some other
changes as well:

• Domiciles to be eligible for appointment to post carrying pay

scale of not more than level 4
(BTW level 4 jobs include gardeners, office peons and junior
assistant....I know what you are thinking!!! BUT with current
unemployment rate of 7% some job is better than no job)
• Group A and B jobs are not effected as they are under UPSC
• Amendments to Public Safety Act(PSA) 1978:
o Now J&K resident can be lodged in jails outside of the
state.
o Now Chief secretary to head search committee for
appointment of PSA advisory board which was earlier
headed by Chief Justice of J&K High court.
o Moreover now sitting High court judge cannot be part
of advisory board at least till Chief Justice is consulted
on it.
o Finally order also scraps the clause that deals with power to regulate place and conditions of
detention.
So, TINKERING with domicile criteria, HUGE trust deficit and current UNEMPLOYMENT rates is a recipe for
public outrage. That is exactly what happened on the ground situation after the order was made public.
HENCE, the "Insult heaped on Injury" jibe. The situation got so much worst that government had to re
issue an order within 3 days and well new order made jobs in the UT out of bounds for non-residents.
YES!! you read it right, the fresh order provides protection to domiciles to “any post” in the government
including senior level positions in Group A and Group B category. BUT here's the catch the criteria for
domicile still remains the same.

Keeping the politics aside, the bigger picture demands some answers. Like Why was such an order made in
the first place? What is the big deal about domicile anyway? Is jobs the only concern? Was government
wrong to issue these orders?? or What is the right decision for a controversial issue like J&K where
every right eventually turns into a wrong???

To start with what was the idea behind the order, well, it has always been the same thought - Remove the
special status and integration of J&K just like any other state of India. Having reservation system which
kept jobs limited to domicile (natives of J&K) seemed like replay of Article 35A. That is what the first
order did, it rectified this abnormality. According to MHA’s reply to a parliamentary panel on
But the problem is that domicile is A BIG ISSUE, February 18, there are over 84,000 vacancies in J&K
especially in a place like J&K which is facing huge 60000
unemployment. A look at numbers on left show 40000
that these 84,000 jobs are limited opportunity for 20000
0
youth of J&K and they cannot lose them to non Class IV post non-gazettted Gazetted post
locals. post
Commercialization of land due to real estate and land
encroachment to gain property rights is another concern of the people.
And then there is the evergreen problem of trust deficit. Many have seen this act as a big blow to the
promises of development and a better life beyond Article 370. Youth are upset that they should have
been offered some protection in job opportunities and Lawyers are pointing out that current criteria of
Domicile will create many avenue for ANY Indian to become domicile of the UT either by virtue of
having served here or by studying here. Finally, those conservative uncles and aunties in streets are
complaining about how it will change the demography of the state and virtually losing their own
identity.

J&K is a complex issue (Imran Khan chatter included!!) and question of right or wrong becomes tricky even
for the great minds of south block. The only right here that seems reasonable, is to work with the
people (remember Democracy) - provide them with job and development opportunities, protections as
well if needed and allow them to work at the forefront so that this time they can write their own
destinies.