It is time to allow Jammu and Kashmir
full-fledged political activity (Indian Express)
Mains Paper 2: Polity
Prelims level: Permanent Resident Certificate
Mains level: Highlights of the provisions under the new domicile policy to Jammu
and Kashmir residents
Context:
- The gazette notification of the rules on domicile has brought the
process initiated on August 5, 2019, in Jammu and Kashmir to a logical end.
The annulment of Article 35A of the Constitution called for restating of the
domicile qualifications in the state.
- Article 35A had allowed the Jammu and Kashmir legislature to introduce
the “permanent resident” category, which was arbitrary and discriminatory.
- The Permanent Resident Certificate (PRC) became a weapon in the hands of
successive state governments to deny fundamental rights to several people,
even though they had been living there for decades, in many cases from the
time of accession.
Extending domicile status:
- The new rules extend domicile status to not just the current PRC
holders, but to all those who had been denied that status under the 35A
regime. Refugees from West Pakistan, who had migrated to the Jammu region
during Partition and the majority of whom belong to the Scheduled Castes,
will now be able to attain domicile.
- The same is true for the 1971 refugees from Chamb region. Safai
karmacharis, largely from the SC community, who were called into the state
in the 1950s for such jobs, were also denied PRC status.
- So were the Gurkhas. Children of Kashmiri Pandits, born outside the
state, can now claim domicile, as can children born to a resident mother and
a non-resident father. People from PoK, who had migrated to other parts of
the country and become domiciled in those states, can also come back to
claim domicile in Jammu and Kashmir.
New domicile policy:
- The new domicile policy mandates all government jobs to be reserved for
domiciles. In this scenario, the new rules are going to benefit large
sections of the state’s population, who were treated as aliens until now.
- Incidentally, several such important ..................................
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Kashmir Dispute:
- The Kashmir dispute is on the agenda of the two countries since 1947,
which does not allow people of the state to mentally settle down and treat
themselves as citizens of India.
- Repeated rhetoric of Indo-Pak dialogue for settling all disputes
naturally leaves every Kashmiri thinking that their future is yet to be
decided. This adds to their anger, alienation, uncertainty and results in
violence,” bemoaned police officer A M Watali in his revealing memoir.
- The most significant change that has been brought about by the Narendra
Modi government was to stop looking at Kashmir from a Pakistani or a
terrorist prism.
- Instead, we started looking at it from the prism of its 12 million
inhabitants. August 5, 2019, symbolises that shift in the government’s
approach.
- There is a Kashmiri saying: “shal shal beun beun, tongi wizi quney”.
From Islamabad to New York, many Islamists and their supporters are howling
at a feverish(hot) pitch against this shift.
- But the people of Jammu and Kashmir are largely calm. Incidents of
terror have increased since the onset of summer largely due to the push from
across the border. Local recruitment, however, remained low compared to
previous years.
Extending majority of the provisions of the Constitution to Jammu and
Kashmir:
- Article 370 had been amended umpteen times in the past. Once the
accession was “ratified” by the Jammu and Kashmir Constituent Assembly in
1954, the Indian government quickly extended majority of the provisions of
the Constitution to Jammu and Kashmir.
- The Nehru government even assured ...................................
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Revoking Art 370:
- Now, Modi and Amit Shah decided to put an end to the “uncertainty” by
doing away with Article 370 and Article 35A in letter and spirit.
- Having lived under the shadow of Article 370 for seven decades, the
people of Jammu and Kashmir decided to give the new status a chance.
- That is the reason why the region has been largely quiet in the last
nine months. The detractors would attribute this calm to the excessive
presence of security forces and arrests of leaders. Except for half-a-dozen
senior leaders, most politicians have been released.
- The presence of security forces too has been rolled back significantly.
Even then, people are not on the streets pelting stones and shouting azadi.
Conclusion:
- It is time the state administration appreciates this and pays the people
handsomely for their openness.
- Certain harsh measures like ................................
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