Non-native spouses of J&K women can now obtain a certificate of domicile

By: WE Staff | Thursday, 22 July 2021

The Jammu and Kashmir government has added a provision to the J&K Grant of Domicile Certificate (Procedure) Rules, 2020 that allows the spouse of a native woman who marries outside the Union Territory to apply for a domicile certificate.

The concerned tehsildar has been authorised by the new clause to issue a domicile certificate to the spouse of a woman upon presentation of his wife's domicile certificate as well as a valid proof of marriage.

The order also modified the application of the domicile condition to all levels of government jobs in J&K, as the newly added clause has been incorporated into the Jammu and Kashmir Civil Services (Decentralisation and Recruitment) Act.

The BJP applauded the decision, with Ravinder Raina, the party's UT president, calling it "historic." The decision, however, is likely to face criticism.

Except for gazetted positions, the administration reserved all level-4 jobs for UT residents last year. However, the administration amended the order in response to protests from all sections of society and political parties, including the BJP.

2020 ‘J&K Grant of Domicile Certificate (Procedure) Rules' includes: Non-locals who meet the eligibility requirements can now apply for the certificate under the revised rules.

 Following amendments to the previous Act, domicile certificates have now been made a basic eligibility condition for appointment to any post in the Union Territory of J&K.

To ensure that the process is transparent and timely, any officer who is unable to issue the certificate will be fined 50,000. The money would be deducted from his paycheck.

All Permanent Resident Certificate holders and their children living outside of Jammu and Kashmir are eligible to apply for the certificates.

Kashmiri migrants residing in or outside of J&K can obtain domicile certificates by presenting their Permanent Residence Certificate (PRC), ration card copy, voter card, or any other valid document.

Genuine migrants can apply to the Relief and Rehabilitation department by submitting documents such as the 1988 electoral rolls, proof of registration as a migrant in any state in the country, or any other valid document.