By TON Research Team

The region of Kashmir has been the topic of dispute among India, Pakistan, and even China since 1947, into two union territories called Jammu and Kashmir, and Ladakh. The Modi-led government spearheaded its efforts to deprive the Muslims of India particularly, the Kashmiris from their culture, heritage, and identity in Indian occupied Jammu and Kashmir by first introducing the reorganization Act, 2019 through the Parliament of India containing provisions to reconstitute the State of Jammu and Kashmir and extended the central laws to the Parliament of Jammu and Kashmir then altered the state laws by substituting “state of J&K” with the Union Territory of J&K by Union home ministry of India on Monday, Oct 06, 2020.

Previously, these laws gone by Parliament were applicable within the state only after the government gave its concurrence thanks to its special status and separate Constitution. However, things have changed rapidly after J&K’s special status was lifted and the state was divided into two Union Territories. As per section 96 of the J&K reorganization Act, 2019, the central government has the powers to make revisions and changes to the laws, whether by way of repeal or amendment for the appliance of any law made before the appointed date till the expiration of 1 year from the appointed date about Union Territories.

This is the second and third-order issued under which 21 central and native laws are modified and made applicable to Jammu and Kashmir. The first order for extension of central laws was announced in April 2020 in which 37 central laws passed by the Union cabinet were made applicable retrospectively from October 31, 2019. It may be recalled that the Centre had withdrawn Article 370 from J&K on August 5 last year. The appointed day of the two UTs was October 31, 2019. Among the acts that have been made applicable are laws for building and construction workers, industrial disputes, and contract labor. Similarly, the local laws governing municipal bodies, state teaching board, and state transport authority have been modified to substitute “legislative assembly of Jammu and Kashmir” in place of “state legislature.” All Ranbir Penal Code (RPC) provisions have been swapped with the Indian Penal Code (IPC) in acts passed by the earlier state governments.

The J&K reorganization Act, 2019, had extended 113 central laws, including Muslim Women Protection of Rights Act, 1986, RTI Act, PC Act, Aadhaar Act, Enemy Property Act, Evidence Act, Special Marriage Act, Delimitation Act, Dissolution of Muslim Marriage Act, among others. The total number of laws that were repealed in J&K state is 165. They were wholly framed for the state of Jammu and Kashmir. The principal among them is Ranbir legal code, 1989, first enacted in 1932.

Apart from IPC and Criminal Procedure Code (CRPC), the Centre extended the Liquidation and Bankruptcy Code. The law approved in 2016 by the NDA government in its first tenancy provides for a time-bound process to resolve liquidation. One of the main reasons for withdrawing Article 370 was Article 35A which gave special rights and privileges to the natives of J&K for the purchase of land and immovable properties. However, these laws cannot alter the ground condition but have really boosted the alienation of Kashmiri people from mainstream politics that is why the Indian government held local elections last year in Indian occupies Kashmir to cheat the world that all is well in disputes Kashmir and to divert its attention from the main issue like giving right of self-determination to Kashmir people. The introduction of the latest law amendments within the country’s land laws for occupied Jammu and Kashmir might enable any Indian citizen to shop for property within the territory. A notification by the Indian home ministry said that the new law, Union Territory of Jammu and Kashmir reorganization (Adaptation of Central Laws) third Order, 2020, had come into effect immediately.

Before this notification, only “permanent residents” of Indian occupied Kashmir could buy property within the region a clause that now stands removed. The new black laws are highly condemnable because these laws came into effect to deprive and deny all rights of Kashmiris and make oppress and depress the freedom movement of Kashmiris. Indians & foreigners have given free hand to purchase land in Indian Illegally Occupied Jammu and Kashmiris to change the Kashmiris into a minority through law.

The Kashmiri leaders told the independent media that the development is “unacceptable”, in occupied Kashmir which is “now up for sale and the poor small landholding owners will suffer heavily “.

Amendments were made to domicile law too. The Modi-led government had imposed new domicile laws for occupied Kashmir, under which any person who had resided in Jammu and Kashmir for 15 years would be able to say the occupied territory his or her place of domicile.

The J&K Civil Services (decentralization and recruitment) act highlighted that a domiciled person is living for a period of 15 years in the territory or has studied for seven years and appeared in school 10 or 12 examinations in an academic institution located within the territory. Previous to this, article 35A of the constitution of J&K empowered it to describe a resident. A person will also be deemed domiciled if he/she is listed as a refugee by the relief and rehabilitation commissioner in the union territory.

The new definition also comprises children of those central government officials, all India services officers, officials of PSUs, (Public sector Undertakings) an autonomous body of the central government, officials of public sector banks, officials of statutory bodies, officials of central universities, and recognized research institutes of the central government “who have served in Jammu and Kashmir for a complete period of ten years or children of parents who fulfill any of this criteria.

Locals too would have to apply for the new “domicile certificates” in order to qualify for permanent resident rights. They have to produce their Permanent Resident Certificates (PRC), valued documents since 1927, which carries no weight after this law. These new laws have flickered resentment among the local population of Kashmir the India’s 200-million Muslim minorities, who fear Modi wants to change the historical back ground of Jammu and Kashmir by introducing these black laws and dividing the Jammu and Kashmir in further administrative divisions in bid to deprive them from the right of self-determination. All these things shows a systematic campaign against the real heirs of Kashmir, the people of Kashmir .By this way, the conditions are aggravating day by day in the scenic valley .

All these things needs a special attention of international community, United Nations, unites states, United Kingdom to take notice to the gross root violations in in occupied Jammu and Kashmir to avert any further damage to Kashmiri people and give them their right of self-determination which is the only fair solution of the unfinished agenda of the partition of sub-continent.