Pakistan rejects domicile law in IOJ&K

ISLAMABAD: The United Nations and the international community must take immediate action to stop India from changing the demography and distinct identity of the IOJ&K and hold India accountable for the persistent violations of international law said Pakistan, while strongly condemning and completely rejecting the new law.

“The Indian government is attempting to further deprive the people of IOJ&K through “Jammu and Kashmir Grant of Domicile Certificate (Procedure), 2020”, said the Foreign Office in a statement. “The new domicile law is illegal and in clear violation of the relevant United Nations Security Council (UNSC) resolutions, international law including the 4th Geneva Convention and bilateral Agreements between Pakistan and India”, the statement added.

The domicile law is aimed at changing the demographic structure of IOJ&K and undermining the exercise by the Kashmiri people of their right to self-determination through free and impartial plebiscite as per the relevant UNSC resolutions. “We reiterate that such steps can neither change the disputed nature of Jammu and Kashmir recognised as such by the United Nations and the international community nor can they prejudice the inalienable right to self-determination of the Kashmiri people”, added the statement.

Pakistan points out that the timing of this illegal Indian action is particularly reprehensible as it uses the world community’s preoccupation with the COVID-19 pandemic and reflects the opportunistic and morally bankrupt mindset of RSS-BJP combine. “Like the earlier illegal Indian actions, the people of IOJ&K have completely rejected the domicile law as “unacceptable.” The Kashmiri people will never accept the sinister “Hindutva” agenda of dispossessing them of their land, marginalising them politically and economically, and depriving them of their distinct identity”, says the Foreign Office.

Pakistan has been consistently sensitising the international community about the real Indian designs behind its illegal and unilateral actions of 5 August 2019. Through these actions along with continuing restrictions, excruciating military crackdown, extra-judicial killings, arbitrary detentions and incarcerations, and grave human rights violations, India seeks to perpetuate its illegal occupation of IOJ&K. India will never succeed in its designs to subjugate the people of IOJ&K or break their will by relentless state-terrorism.

Pakistan will continue highlighting the plight of Kashmiri people at all international fora till the realization of their inalienable right to self-determination in accordance with the relevant UNSC resolutions.

Meanwhile, according to The Wire, the order has come just a month after the central government redefined the Hereditary State Subject laws in the Union territory, sparking fears of an accelerated pace at which non-locals will settle in Kashmir, complicating the nature of the conflict and undermining the demographic make-up in the UT.

The rules also reaffirm who can apply for a domicile certificate. “As per the order, individuals who have resided in J&K for 15 years or have studied for seven years or appeared in examinations for class 10th or 12th can be eligible for the grant of a domicile certificate. The eligibility also extends to West Pakistan refugees registered as migrants under the erstwhile state’s Relief and Rehabilitation Commission”, note The Wire.

“The new law is a major departure from the earlier position of law, under Article 35A of the Indian constitution and Section 6 of J&K constitution that empowered the J&K assembly to define a permanent resident of Jammu & Kashmir,” said Mirza Saaid Beg, a Kashmiri lawyer at the Blavatnik School of Government at the University of Oxford.

“A permanent resident has now been replaced with “domicile” with retrospective effect. It is legally questionable if such a power exists in the parent Act itself.