The administration has issued its first domicile certificate to Abhishek Saini, who is the husband of the Union Territory's resident Bhavana Gupta

The Jammu and Kashmir administration has issued its first domicile certificate to Abhishek Saini, who is the husband of the Union Territory's resident Bhavana Gupta. Republic Media Network on Saturday spoke exclusively to the couple, who has been married for the past 8 years but was devoid to exercise any right in J&K.

Earlier, if a woman from J&K married a man outside the state, the spouse was not given the domicile of the state. With the abrogation of article 370 and today's order, the husband of a woman from J&K is eligible to apply for a domicile certificate

J&K Issues 1st Domicile: J&K Resident & Her Husband Speaks To Republic

When asked about how difficult were the last 8 years for them, Bhavana Gupta said that it is obviously a very difficult phase for the whole family. Stating that each and every lane and passage of the Union Territory is like a native place for her, the J&K resident said that despite the fact that she along with her husband and child had moved to Delhi, which is a metropolitan city, she still thinks that Jammu is the best place for her family.

Bhavana Gupta said, "After the abrogation of Article 370, we came to know that now we will be getting our rights back. Now the whole family will be able to live together, unlike early years."

Remarking that now her family can even plan to settle down in Kashmir or purchase an immovable asset, BHavana thanked Prime Minister Narendra Modi and J&K LG Manoj Sinha for the abrogation of Article 370. She said that after this amendment on July 20, it is now possible that her family can live together. "Now whether we want to settle in Delhi or Jammu, it is completely our choice," the resident added.

Abhishek Saini also spoke to Republic TV and said that it is really wonderful and excellent that the respected PM Modi and LG Manoj Sinha modified the Act and allowed the citizen, who is the spouse of the UT's resident to exercise the rights. Asserting that he was denied his rights, he said that now after getting the J&K domicile, he will be finally able to expand his business in the UT and exercise other rights including voting as well.

New J&K Domicile Clause

"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 Services 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," the notice reads, attaching the revised clause in the table mentioned below.

Centre Issues New Domicile Law For J&K

On April 4, the Centre issued a gazette notification defining the domicile of the newly bifurcated Union Territory of Jammu & Kashmir. It states that a domicile of J&K is one 'who has resided for 15 years in J&K, or has studied for 7 years and appeared in Class 10/12 exam in J&K, or is registered as migrant by the Relief and Rehabilitation Commissioner.' The order also includes 'children of government employees who have served in Jammu and Kashmir for a total period of ten years or children of parents who fulfil any of the conditions in sections'. The revised notification came after the Centre abrogated Article 370 & Article 35 A and defined the permanent residents of the erstwhile state of Jammu and Kashmir.

In May 2020, the Jammu and Kashmir administration began issuing domicile certificates to residents. The new amendments allowed any person fulfilling the criteria to apply for the domicile certificate online or in person, with appropriate documents. Moreover, it also directed that an applicant's domicile application be approved or rejected with 15 days.