J&K amends domicile law; non-local spouses can now get domicile certificate

Now the government has authorised tahsildars to issue domicile certificates against 'valid proof of marriage'

For the first time after 1947, spouses of permanent residents of the union territory (UT) of Jammu and Kashmir will now be entitled to all benefits otherwise enjoyed by the residents of the erstwhile state.

“In exercise of the powers conferred by proviso to Article 309 of the Constitution of India read with Section of the J&K Civil Service (Decentralisation and recruitment) Act, 2010, the government hereby grants domicile certificates to spouse of a domicile,” a government order issued on Tuesday, reads.

In the absence of any specific clause for the spouse of a permanent resident, issuing authorities so far were unable to grant domicile and had set a 15-year ceiling to get the certificate.

However, now the government has authorised tahsildars to issue such certificates against “valid proof of marriage” and a deputy commissioner will be the appellate authority for the same.

A senior government official said that the new clause in J&K domicile rule is for a spouse and not gender-specific, which means if a male member marries outside the UT, his wife will enjoy all the rights like a woman from J&K.

“Similarly, if a girl from J&K chooses an outsider as a life partner he will enjoy all the rights in J&K,” he added.

In the erstwhile state, husbands of local women married outside had no right to buy property or apply for jobs in J&K. However, after the abrogation of J&K’s special status under Article 370 on August 5, 2019, and the bifurcation of the erstwhile state into two UTs, this has changed.

Consequent to these changes in these rules, permanent residents of J&K, who lived in the erstwhile state for 15 years, Central government employees having worked in J&K for 10 years, and students who have passed Class X or XII examination have the right to government jobs in the UT. They will be eligible for scholarships and the acquisition of immovable properties.

Besides, children born to mothers who were married outside J&K had to hitherto produce domicile certificates of their ‘parents’. Often they faced procedural issues while obtaining the document.

Meanwhile, the ruling BJP hailing the order termed it “a historic decision and end of the injustice meted to the girls of J&K at the hands of previous governments who were married outside the erstwhile state.”

Check out DH's latest videos: