UT of J&K Domicile Law must have provisions for awarding Domicile to persons of Exceptional ValueFamily of Major Som Nath Sharma, 1st PVC awardee of Independent India could be the “ONE”

 

 

 

 -Daya Sagar

 

 

 

Who could be a person and family of exceptional value to J&K more than a martyr like Param Vir Chakra Major Som Nath Sharma ji { S/O Major General Amar Nath Sharma; B/O Lt General Surindar Nath Sharma ; B/O General Vishwa Nath Sharma – Chief of Indian Army, 1988-1990; B/O Major Kamla Tewari } who with distant connectivity & less than 100 troops in his command defended Srinagar ( Badgam) Airport on 3rd November 1947 making extreme sacrifice for country to last drop of his blood? Param Vir Som Nath Sharma whose left hand was already under plaster when he had landed at Srinagar airport, had held back over 500-1000 ‘Pakistani raiders’ around just “yards” away from Badgam Airport with his “last drop of blood” enabling more troops to land in for securing the airport safe.

 

 

 

 

 

And in case some one from new generation asks where does any of Param Vir Som Nath Sharma ji’s family / relatives live in Jammu and Kashmir , the so painful answer would be that his people do not live in J&K as he belonged to Kangra District (Dadh in the Kangra district of present Himachal Pradesh / in 1947 was part of undivided Punjab).

 

 

 

 

 

Since PVC Maj Som Nath was neither State Subject of J&K nor was he awarded rights of Permanent Resident of J&K by the Government of J&K State although the State Government / State Legislature could very well do that by virtue of J&K Constitution Section – 8 : Legislature to define permanent residents:-Nothing in the foregoing provisions of this part shall derogate from the power of the State Legislature to make any law defining the classes of persons who are, or shall be, permanent residents of the State. & Section- 9.

 

 

 

It is worthwhile mentioning here that 15 out of 21 Indian soldiers so far decorated with PVC have been non – State Subjects / non- Permanent Resident of J&K and they had fought against Pakistan / China on IB/LOC/LAC along J&K. Inspite of many requests to Governments from individuals / groups to award permanent resident rights atleast to Param Vir Chakra decorated martyrs if not all the martyrs, the J&K State government / Legislature had not attempted to do so . Some have been even alleging that such attitude of the State Government / Legislature was due to the reasons of “otherwise intentions” of the dominating ‘Kashmiri leadership’. But even after 2014 request were made even on the occasions of celebrations of Kargil Vijay Divas ( 26th July), there could be no better a tribute than that, but that did not happen.

 

 

 

After the enactment of the Jammu and Kashmir Reorganisation Act, 2019 (34 of 2019), the UT of J&K having come into exitance with appointed date as 31st Oct 2019, and more particularly after issuance of S.O. 3912(E) dated 30-10-2019 : Jammu and Kashmir Reorganisation (Removal of Difficulties) Order, 2019 of President of India made in exercise of the powers conferred by section 103 of the Jammu and Kashmir Reorganisation Act, 2019 where in the Clause - (12) of S.O. 3912(E) dated 30-10-2019 did remove the block of Permanent Resident certificate by saying that in the Acts including Governor’s Acts contained in TABLE - 4 of the Fifth Schedule to this Act or notifications issued or rules, orders, made thereunder, any reference, by whatever form to the “permanent residents of the State or hereditary State subject”, wherever they occur, shall be omitted with necessary grammatical variations,. , it was hoped for some good to happen But still it did not happen.

 

 

 

 

 

 

 

Not only that even in the definition of the Domicile of UT of J&K recently ordered vide S.O.1229 (E ) on 31st March 2020 { item number 14 - Jammu and Kashmir Civil Services Decentralization and Recruitment Act (Act no. XVI of 2010) - of 2010} as well as S.O 1245 (E ) Dated 03-04-2020 in relation to recruitment to government jobs , still no such provision was created.

 

 

 

Any how still it was hoped that since provision of domicile may be made applicable to immovable property/ land rights government may / should include by amendment provisions like enabling the Government / Administration to extend domicile rights to special people atleast like the Indian nationals decorated with Param Vir/ Maha Vir/ Vir Chakras ( direct war with enemy ) and those with Ashok / Kirti/ Shaurya Chakras ( direct action against the enemy / enemy agent in peace area ). Suggestions were also made for adding another sub- Section to Section-3A in the Domicile law like sub- Section 3A(3) : *Special provisions for award of domicile rights by government to person / the kin/ instant family who could be considered worth extra ordinary value / importance for J&K State in any field…………….

 

 

 

 

 

Otherwise also some questions are being asked like , “(i) Is the Domicile law for UT of J&K correctly worded ? (ii) Have the interests of all the erstwhile Permanent Residents of JK state / erstwhile state subjects judiciously and in an unbiased manner been protected? (ii) Why only Kashmiri Migrants are mentioned particularly in the Definition of Domicile ( S.O 1229 (E ) of 31-10-2020) by GOI? (iv) Are rules drawn vide S.O.166 of 18-05-2020 with in the jurisdiction as laid by Section-3A of the relevant Act of 2010 ?

 

 

 

Hence for better executions / delivery some through the new laws like Domicile law , more amendments to the definition of Domicile of J&K/ rules for grant of the same will have to be made , sooner or later, so why not make that immediately and also include in that provisions like Section 3A(3) as discussed here in above so that the people of UT of J&K can atleast get the honour of having the noks / families of atleast those non state subject / non permanent resident of J&K sons of Bharat Mata as Domicile of UT of J&K who have been decorated with Param Vir Chakra for making extreme sacrifices / exceptional sacrifices while defending the IB/LOC/LAC in State of Jammu and Kashmir.

 

 

 

Of course the use of Section-96 of the Reorganisation of Jammu and Kashmir Act 2019, Act No 34 or like may required as it can not be done at the level of LG of UT of J&K simply under Art-309 of COI.