In absence of a clarification from the government over definition of Kashmiri ‘ Migrant’ in the Jammu Kashmir Reorganization (Adaption of State laws) order 2020 by Union Government on March 31, 2020, Ex Member of Legislative Council, J&K, Sh Surender Ambardar has written to Governor of J&K demanding clearing the ambiguity over this definition.
Terming the definition of ‘Migrant’ in the said law as having far reaching and oppressive consequences for the ethnic religious displaced persons in particular and the nation in general, Sh Ambardar has asked for immediate rectification.
The said amendment in The Jammu and Kashmir Civil Services (Decentralization and Recruitment ) Act 2020 for Domicile for purposes of appointment in Union territory of Jammu and Kashmir defines ‘Migrant’ as one who is registered as a migrant by the Relief and Rehabilitation Commissioner (Migrants) in the Union territory of Jammu and Kashmir. This definition seemingly leaves out thousands of Kashmiri Migrant families who are registered outside Union Territory of Jammu and Kashmir in other parts of India.
Claiming the definition of ‘Migrant’ which excludes natural Domiciles from recruitment as arbitrary and seemingly manipulative Ex MLC, Sh Surender Ambardar has appealed the governor to consider the correct definition of ‘Migrant’ as established under ‘The Jammu and Kashmir Migrant immovable Property (Preservation, Protection And Restrained on Distress sales) Act 1997 and SRO-412 issued for the recruitment under PM EMPLOYMENT Package.
Definition of Migrant as per said acts:
Migrant means person
a) Who has migrated from Kashmir valley after 1 November 1989 and;
b) Is registered with relief commissioner or has not been registered on the ground of his being in service of the government in any moving office or having left the valley or
any part of the state inpursuit of occupation or vocation or otherwise and is possessed of immovable property at the place of from where he/she has migrated but is unable to ordinary reside there due to disturbed conditions and includes an internally displaced person.
In his detailed memorandum Sh Surender Ambardar gave justification to this effect citing Jammu Kashmir Reorganization (Adaption of State laws) order 2020 by Union Government on March 31, 2020, which says, “The repeal or amendment of any law specified in the schedule to this order shall not effect the previous operation of any law, any right, privilege, obligation, or liability acquired, accrued or incurred under any law so repealed.”
Drawing a wider understanding for our our readers, this means that the definition of Migrants is already defined under The Jammu and Kashmir Migrant immovable Property (Preservation, Protection And Restrained on Distress sales) Act 1997 and SRO 412 and the latest Jammu Kashmir Reorganization (Adaption of State laws) order 2020 upholds its validity.
The memorandum of Ex MLC additionally gave reference to Application of The Jammu and Kashmir Civil Services (Decentralization and Recruitment ) Act 2020 stating that the Act does not apply to the posts for which any special procedure is laid down under any enactment of the Legislature of the Union territory of Jammu and Kashmir. Considering a set procedure for recruitment has been established under SRO 412 through an enactment of legislature, law upholds its validity.
Sh Surender Ambardar in his memorandum ahs submitted recommendations for consideration which include:
# Fresh Registration of all those who are not registered and have a valid PRC of self/parents/ancestors or immovable properties in valley.
# Inclusion of all those who are registered as migrants with the relief agencies anywhere in the country as natural Domicile in the Union Territory of Jammu and Kashmir.
# The word ‘Migrant” be replaced by “Internally Displaced” which has also recommended by J&K Law commission.
# Acknowledging the modification in Sub clause 6/2 in the functioning of the Custodians under The Jammu and Kashmir Migrant immovable Property (Preservation,
Protection and Restrained on Distress sales) act, the effect of the act in perspective Up to 31 st October 2019 is equally redefined.
There is a growing resentment in the displaced Kashmiri Pandit community over the nomenclature of ‘Migrant’ defined in the new Domicile law for recruitment and many organizations including the premier Pandit organization Panun Kashmir have raised the issue at various levels. It becomes pertinent to see if the government concedes to the demand of a correct legal definition of ‘Migrant’ as held under existing two important legislation or the ‘displaced community is left to face another state apathy.