The Jammu and Kashmir government has added a clause in the Jammu and Kashmir Grant of Domicile Certificate (Procedure) Rules, 2020, to issue domicile certificates to the husbands of native women, who are domicile holders in the Union Territory (UT).
Earlier, only a woman marrying a native of the UT used to be eligible for getting a domicile certificate. However, with this order, the husband of a native woman, who is a domicile holder, will also be eligible for a domicile certificate.
Tehsildars authorized to issue domicile certificates
The government has authorized tehsildars to issue such certificates against a valid proof of marriage and a domicile certificate of spouse, while the deputy commissioner will be the appellate authority for the same.
"In exercise of the powers conferred by the proviso to Article 309 of the Constitution of India read with Section 15 of the Jammu and Kashmir Civil Service (Decentralisation and recruitment) Act, 2010, the government hereby directs in sub-rule (1) of rule 5 of the Jammu and Kashmir Grant of Domicile Certificate Rules 220, after S.No/Clause 6, the following shall be added," reads a government order.
Rules changed after August 5, 2019
Before August 5, 2019, men of J&K, who marry outside the state, could bring home their wives who were entitled to the permanent resident certificate (PRCs), now replaced with domicile certificate, and all other 'privileges'.
These women may be from any part of the world, within India or abroad. Children born from these women were also entitled for getting PRC rights in J&K without hassle.
But the same yardstick was not applied to women, who marry outside the erstwhile state. Neither husbands of the women nor their children were entitled to get PRCs.
Before August 5, 2019, husbands of local women married outside of J&K had no right to buy a property or apply for jobs in J&K, while now with the amendment in the J&K Domicile act, they will have all the rights.
The Union cabinet in 2020 had approved the Jammu & Kashmir (Adaptation of State Laws) Second Order, 2020 issued under section 96 of Jammu & Kashmir Reorganisation Act, 2019.
J&K BJP president, Ravinder Raina welcomed the passage of it granting domicile status to husbands of J&K women married outside. "The families of women married outside J&K have been made eligible for domicile status. This marks another milestone post-August 5, 2019, in J&K history. And the people of J&K, especially women, are upbeat and in high spirits," he said.