Arjumand Andrabi | Clarion India
AT a time when the entire world is grappling with the Coronavirus threat and its adverse fallout, Kashmiris, who are already reeling under a crippling lockdown, are subjected to legislative excesses by the Central government. Latest in the series is the implementation of new domicile rules.
Amid the nationwide lockdown in the wake of the outbreak, the Ministry of Home Affairs, on Wednesday, issued a gazette notification announcing a slew of amendments to 138 Acts of UT Jammu and Kashmir that included reserving jobs up to Level-4 for those who are domicile of the Union Territory.
Local youth have been dismayed by this move of the Home Ministry. But they are not surprised by the move in the least. According to them, the Central government has always backstabbed the people of Kashmir and suppressed their voices.
The Centre abrogated Article 370 and 35A of the Indian Constitution on August 5, 2019 and split the state into two Union Territories. Article 370 which granted autonomous status to Jammu and Kashmir (J&K) while 35A guaranteed state subjects the right to jobs, owning of property and gave the state legislature full powers to implement, amend and introduce laws in the state.
“We have been under lockdown for almost eight months now, since the abrogation of article 370. The prevailing situation has already taken a toll on our mental health and now the outbreak of this pandemic. At stake is the future of Kashmiris who do not have even the right to react,” said Mayid, a commerce student.
“Our educational institutions are mostly occupied by security personals. After implementation of this law, we will not only lose job security but also this will impact the business sector as well,” added Mayid.
All the social activists, political and separatist leaders have slammed the move describing it as humiliating for the people of J&K. After the abrogation of Article 370, the Government has been constantly introducing new laws for the UTs. Before the legislation, only the J&K assembly had the power to amend, introduce and implement laws.
JKNC president Omer Abdullah, who was recently released after a seven months of incarceration, tweeted, “Talk about suspect timing! At a time when all our efforts and attention should be focused on the Covid outbreak, the government slips in a new domicile law for J&K. Insult is heaped on the injury when we see the law offers none of the protections that had been promised.”
“It is not surprising whatever the Indian government has done. BJP is working according to their agenda, which is to make changes in the demography of Kashmir. This move completely demonstrates the Hindutva and fascist nature of the Indian government and they will continue doing such acts,” said a senior lawyer, Parvez Imroz.
According to the latest notifications, anyone who resided in the J&K for a period of 15 years or has studied in the UT for seven years and appeared in either Class X or XII examinations, will be eligible for domicile certificate.
A person will also be deemed a domicile of the UT if registered as a migrant by the Relief and Rehabilitation Commissioner (Migrants) in the UT of J&K.
The Section also includes children of those Central Government officials, All India Service officers, officials of Public Sector undertaking the autonomous body of central government, Public Sector Banks, Officials of Statutory bodies, Officials of Central Universities and Recognized Research Institutes of Central Government who have served in J&K for a period of 10 years.
“It is an untimely move and is very much disappointing that when the world is fighting outbreak of a pandemic, Indian government is busy in making and amending laws. This law will only further add to the unemployment rate and will undoubtedly have an impact on the demography of the UT of J&K. Most of the security personnel must have already served in J&K for 10 or more years. As per the notification their children can also stale claim over these rights and will get the benefits of this law,” said a social activist and legal expert, Advocate Syed Reyaz Khawer.
Domiciliary creation in a UT is something which is happening only in Jammu and Kashmir, nowhere else in the Country.
“Schools in the UT remain mostly shut and students of J&K cannot compete with the people of other states as they are constantly being deprived of basic facilities and rights. They are not being given the access to internet. This law is simply eyewash and is an insult for the people of Jammu and Kashmir,” added Syed.
Meanwhile, international organisations such as Amnesty International, Reporters without Borders and Internet Foundation demanded restoration of high-speed internet in the UT of Jammu and Kashmir after the outbreak of Covid-19, but the government of India declined to do so citing the national security.
Experts raised questions over this attitude of the government and expressed concern that the government was serving its own interests rather than protecting the people from the outbreak.
So far, more than 70 people have been tested positive for Covid-19 in the UT. Among them, two died and two recovered while across country, more than 2,000 people have tested Covid positive and more than 60 have died.
Calling it a kind of surgical strike against the people of Jammu and Kashmir, a professor of international law at the University of Kashmir, said, “According to the law, non-gazetted posts up to level four are being reserved for the people of J&K, but they are indirectly including outsiders in the same. They are taking an advantage of the corona crisis. They know that Kashmiris cannot come out this time and the whole world is busy in fighting coronavirus outbreak.”
“It’s not a joke! When the whole world is fighting a pandemic, taking advantage of this scenario, these shameless creatures are implementing this law. It was expected, but what is of surprise is that when the entire humanity is grappling with a health crisis of this magnitude how could any government indulge in making and amending laws,” said Ahtisham, a college student.
As per the Economic Survey Report of 2016, employment rate in Jammu and Kashmir is higher than the national average. Nearly a quarter of its population in the age group of 18 to 29 years is unemployed, which is far more than the national rate of 13.2 per cent.
A recent report published in First Post said there were 2,50,000 educated young men and women in Jammu and Kashmir who are bearing the brunt of the unemployment. They are rendered jobless due to the lack of a clear-cut employment policy.
A local youth, on the condition of anonymity, lamented that rather than being focused on fighting the humanitarian crisis arising from Covid-19, Indian Government and the Home Ministry seem to be more focused on oppressing Kashmiris.
“We, however, do not want to react to such an awful act at this time,” he said.
