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Jammu & Kashmir Could Soon Get A Domicile Law Akin To Himachal Pradesh

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Jammu and Kashmir is all set to get a Domicile Law as early as the end of this month according to media reports.  The Domicile Law will ensure the protection of land and jobs for the permanent residents of the erstwhile state of Jammu and Kashmir.

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The Central Government considers the introduction of the new law as a major confidence-building exercise. On August 5, 2019, the Government of India scrapped Article 370 and Article 35-A, both these constitutional provisions used to confer certain property and job rights to the permanent residents of Jammu and Kashmir.

The Domicile Law, according to the sources, will protect the rights of locals. Last Month Union Minister Jitendra Singh had assured the people of Jammu and Kashmir that a domicile law would be implemented soon and will be followed by the Land Act.

Domicile is the region in which a person has a permanent residence. It is immaterial whether a person has a house or residence, but is important as it concerns to the intention of a person to remain at a place forever unless circumstances should occur to change his/her intentions.

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Any person can acquire domicile in India by making a declaration in writing of his/her desire to acquire a domicile in India, provided he/she has been a resident of India for at least one year prior to making of the declaration. The State Governments issue the domicile certificate to prove that a person is a resident of a certain state. A person can be a domicile by birth or by choice.

Domicile Law – Jammu and Kashmir

The new Union Territory of Jammu and Kashmir wants New Delhi to implement the Himachal Pradesh pattern to safeguard the rights of locals. The recent controversy over notification of the Jammu and Kashmir High Court —inviting applications for 33 posts from across the country had sent jitters across the locals both in Jammu and Kashmir.

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It escalated fears among the residents of losing not only jobs but also land to “outsiders” post revocation of Article 370 that granted J&K special status. In the wake of Centre’s announcement in the Rajya Sabha in December last year that it would not bring any legislation on the lines of Article 371 for protection of land and property in J&K further scared the locals.

In case the Union Ministry of Home Affairs accepts the recommendations on introducing the Himachal-pattern domicile policy, it would not only calm frayed nerves and silence the Opposition, but also ensure the control of local authority within the UT over jobs, besides regulating the use of land for outsiders.

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It will also help the government fulfil the demand of political parties to preserve the ethnic culture of Dogras, Kashmiris, Gujjars, Paharis and other communities on the pattern of Himachal and northeastern states.

Till the formal bifurcation of the erstwhile state of J&K on October 31 last year, the people of Jammu and Kashmir enjoyed special status granted under Articles 370 and 35A. Under Article 370, the accent of J&K Assembly was required to apply any law passed by the Indian Parliament. The law of citizenship, ownership of property and fundamental rights of the residents of Jammu and Kashmir was different from the residents living in the rest of India.

Under Article 370, citizens from other states could not buy property in J&K, however, nothing in the Indian Constitution prevented Jammu and Kashmir locals from buying a property in India.

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Similarly, Article 35A of the Indian Constitution granted J&K legislature full discretionary powers to decide the “permanent residents” of the state. It gave “permanent residents” special rights and privileges regarding employment with the state government, acquisition of property in the state, settling in the state, and the right to scholarships and other forms of aid that the state government provides.

It also allowed the state legislature to impose any restrictions on persons other than permanent residents regarding employment and acquisition of property.

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Under the Himachal Pradesh domicile policy, a bonafide Himachali “is a person who has a permanent home in Himachal Pradesh and includes a person who has been residing in Himachal Pradesh for a period of not less than 20 years (earlier it was 15 years) or a person who has a permanent home in Himachal Pradesh but living outside Himachal on account of his occupation”.

There are also conditions listed under which children of those persons who are entitled to grant of certificate of bonafide Himachali are also granted domicile certificates, and hence become eligible for benefits, be it for education or other purposes.

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Indian Politics

Vikas Dubey Encounter: Vikas Dubey Reportedly Killed In Encounter With Police

Vikas Dubey Encounter: Vikas Dubey, on the run since he organized the massacre of eight policemen in Kanpur last Friday, was arrested yesterday at a temple in Ujjain, Madhya Pradesh.

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Has Vikas Dubey been killed in an encounter with UP police? The twitter is trending and the news is flashing that one of the three police cars taking criminal Vikas Dubey to Uttar Pradesh, overturned early this morning on the highway.

According to India Today: Vikas Dubey has been killed in an encounter in Kanpur. The encounter broke out between Dubey and the Uttar Pradesh STF (Special Task Force) when the gangster tried to escape. Vikas suffered a few bullets shots and he later dies of his injuries. His death is yet to be confirmed by the officials.

Earlier Reports on Vikas Dubey

Unconfirmed reports suggest the car that overturned had Vikas Dubey in it. Vikas Dubey, on the run since he organized the slaughter of eight cops in Kanpur last Friday, was arrested yesterday at a temple in Ujjain, Madhya Pradesh.

A per Times of India – One of the vehicles of the convoy of Uttar Pradesh Special Task Force (STF) that was bringing back gangster Vikas Dubey to Kanpur overturned on Friday morning. The accident happened at around 7 am. There are reports that Vikas has been injured along with an STF sub-inspector and two constables. However, an official confirmation is awaited.

Questions were raised on the manner in which he was caught and whether it was an arrest or the gangster turned himself in at a time and place of his choosing. Senior UP police officer Mohit Agarwal said: “We had caught many of his associates and a few were killed. So definitely he was trying to save his life and on the run.”

 

 

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Indian Politics

BJP Leader, Father, Brother Shot Dead in Kashmir; All Guards Were Missing

The killing of Wasim and his family comes a month after militants killed Ajay Pandita Bharti, a sarpanch in LukBhawan Larkipora area of Anantnag in Southern Kashmir. Bharti, a Kashmiri Pandit had returned to the valley only a few years ago. 

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The safety of political workers has once again come under the scanner after the killing of BJP leader Sheikh Wasim and his family. The death of Wasim and his family comes a month after militants killed another political worker from the Indian National Congress in Anantnag.

A ruling BJP leader, his father and brother were shot dead in Kashmir on Wednesday. The murder took place in Bandipora district yesterday evening after suspected militants gunned down the trio at their shop. The latest killings depict a grim picture of Kashmir and raise concern over the safety of political workers.

The deceased included Sheikh Wasim, a BJP leader, his father Basheer Ahmad and brother Umar. According to police reports, the family was attacked as they stood outside their shop, just metres away from a local police station.

A media report states that Wasim and his family were shot in the head and the succumbed to their injuries en route to the hospital. The culprits were armed with a revolver (fitted with a silencer) and rode motorcycles.

Although Wasim had been granted security detail, none of the eight guards deployed were present when the terrorists attacked. Sources say the guards have been arrested for dereliction of duty and an investigation has been started.

“We are taking a tough (stand) against them for dereliction of duty and failure to protect the life,” Vijay Kumar, Inspector General of Police Kashmir, said.

The killing of Wasim and his family comes a month after militants killed Ajay Pandita Bharti, a sarpanch in LukBhawan Larkipora area of Anantnag in Southern Kashmir. Bharti, a Kashmiri Pandit had returned to the valley only a few years ago.

The killing of political workers has exposed the grim reality of the current situation in Kashmir. The Narendra Modi led BJP government had made it a priority to wipe out militancy from the region and restore peace and tranquillity. However, the killings indicate that the government has a difficult at hand.

Tributes Pour-In

The cold-blooded murder of Wasim and his family led to politicians and ministers offering their condolences. Prime Minister Narendra Modi personally sought details and extended his condolences to Mr Wasim’s family in a telephonic conversation with Union Minister Jitendra Singh.

Former Jammu and Kashmir Chief Minister Omar Abdullah took to Twitter to express his grief and extended condolence to the family of the victims.

Senior BJP leader Ram Madhav and BJP President JP Nadda also expressed their shock anger of the killing. Both extended condolences to the family and notes that Wasim’s death was a big loss to the party

Kashmir has seen an uptick in militancy in recent months. However, Indian armed forces have enjoyed the upper hand so far thanks to their alertness and combat superiority. According to data collected by South Asian Terrorism Portal, 138 militants have been killed in 2020 so far. Meanwhile, 14 civilians and 33 members of the armed forces have also lost their lives during the same period.

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Indian Politics

Global Coronavirus Death Toll Crosses 400,000

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Maryland, June 7 — : More than 4,00,000 people have died globally due to coronavirus and 69,16,233 people have been infected with the virus till now.

As per the latest Johns Hopkins University’s tally, 4,00,135 people have succumbed to the disease so far.

Till now, the US has reported the maximum number of coronavirus cases and deaths. As many as 1,920,061 COVID-19 cases and 1,09,802 deaths have been reported in the US.

Brazil has confirmed that 6,72,846 people have tested positive and 35,930 people have died due to COVID-19.

Similarly, Russia and the UK have reported 4,67,073 and 2,86,295 cases until now. With 40,548, the United Kingdon has reported the second-highest deaths due to coronavirus.

Meanwhile, India has surpassed the COVID tally of Spain and Italy. With 2,47,678 cases, India has become the fifth country in the list of coronavirus affected countries.

Asian News International

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