In a significant move , the Jammu and Kashmir Union Territory government has decided to issue a domicile certificate to the spouse of a native woman. Earlier husbands of J&K women who were married outside the UT, were ineligible to get the UT's domicile.
According to ANI, the Union cabinet in 2020 approved the Jammu & Kashmir (Adaptation of State Laws) Second Order, 2020 issued under section 96 of Jammu & Kashmir Reorganisation Act, 2019.
The spouse of a domicile certificate holder can get the certificate upon submission of certain documents, as a new clause has been added under the J&K Grant of Domicile Certificate (Procedure) Rules, 2020.
The power to grant the category of domicile to the spouse of domicile has been conferred with the tehsildar.
The spouse is eligible to get a certificate upon showing — 1) Domicile certificate of his/her spouse and 2) valid marriage proof.
The order modified the applicability of Domicile conditions to all levels of jobs in the Union territory of Jammu & Kashmir under the Jammu & Kashmir Civil Services (Decentralisation and Recruitment) Act.
“In exercise of the powers conferred by the proviso to Article 309 of the Constitution of India, read with section 15 of the Jammu and Kashmir Civil Services Act 2010, the government hereby directs in sub-rule (1) of rule 5 of the Jammu and Kashmir Grant of Domicile Certificate Rules 220, after S.No/Clause 6, the following shall be added,” the notice reads.
The order modified the applicability of Domicile conditions to all levels of jobs in the Union territory of Jammu & Kashmir under the Jammu & Kashmir Civil Services (Decentralisation and Recruitment) Act. According to the rules, a person residing in Jammu and Kashmir for at least 15 years can be considered to be a domicile of the Union Territory.
Even the migrants registered by the Relief and Rehabilitation Commissioner (Migrants) in the UT of J&K are also eligible to obtain a domicile certificate.
The order also includes: “Children of those central government officials, all India services officers, officials of PSUs and autonomous body of the central government, public sector banks, officials of statutory bodies, officials of central universities and recognised research institutes of the central government who have served in Jammu and Kashmir for a total period of ten years or children on parents who fulfill any of the conditions in sections.”
Jammu & Kashmir government to issue domicile certificate to the spouse of a native woman. Earlier J&K women who were married outside the UT, made their spouse ineligible for UT's domicile. pic.twitter.com/SeZdLs2Mbe— ANI (@ANI) July 21, 2021
According to the rules, a person residing in Jammu and Kashmir for at least 15 years can be considered to be a domicile of the Union Territory.
In March, the Ministry of Home Affairs had told Parliament that more than 32 lakh people in Jammu and Kashmir were granted domicile certificates in the Union Territory till the end of 2020.
"A total of 35,44,938 applications for domicile certificates have been received and out of these, 32,31,353 were accepted, while around 2 lakh applications, which lack the prescribed documents, were rejected."
Last year in May, The UT government notified the Jammu and Kashmir Grant of Domicile Certificate (Procedure) Rules, 2020, to issue the certificates.
According to the new order, "people who have been living in J&K for 15 years, those who have studied in the union territory for 7 years, or appeared in Class 10/12 examination from an educational institution in the region, as well as their children, are eligible for domicile".
It further stated, "as per the rules, residents of J&K who live outside the erstwhile state can get domicile certificates by simply producing their Permanent Residence Certificate (PRC), ration card copy, voter card or any other valid document.”
(With inputs from PTI)