Only locals in Ladakh to get residence certificates
The order is in contrast to Jammu and Kashmir’s rules, which allow some candidates who are not from the Union Territory to apply for jobs and own land there.
On September 4, the Ladakh administration announced it would issue “Resident Certificates” only to Permanent Resident Certificate holders in the region, The Hindu reported. The order is in contrast to the domicile rules in Jammu and Kashmir, where non-locals are also allowed to apply for government jobs and own land if they have lived there for a certain amount of time.
The rules were framed after the Centre abolished special status under Article 370 and repealed Article 35A on August 5, 2019. It also split the state of Jammu and Kashmir into two Union Territories – one comprising Jammu and Kashmir divisions, the other comprising the Ladakh division of the former state.
While Article 370 gave a degree of autonomy to Jammu and Kashmir, Article 35A enabled erstwhile state’s legislature to define the “permanent residents” and provide them special rights and privileges, such as the right to own land and apply for government jobs. As of 2019, permanent residents defined under Article 35A were those who had been state subjects of Jammu and Kashmir in 1954 and their descendants. Those who had lived in Jammu and Kashmir for 10 years before 1954, and acquired immoveable property there, and their descendants were also considered permanent residents.
The Ladakh Resident Certificate Order 2021 was passed on Saturday for the purpose of making appointments to non-gazetted posts in the Union Territory administration. It “temporarily defines” a “resident of Union Territory of Ladakh”. According to the order, “any person who possesses a Permanent Resident Certificate issued by the competent authority in the districts of Leh and Kargil or belongs to a category of persons who would have been eligible to be issued PRC shall be eligible to receive the ‘Resident Certificate’”.
Tehsildars, local revenue officials, will have the authority to issue the certificates.
Local residents of Ladakh had been pressing for safeguards in land rights and jobs since 2020, especially after new domicile rules were announced in Jammu and Kashmir. These rules allow a person living in Jammu and Kashmir for at least 15 years to be eligible for permanent residence in the Union Territory. They also grant domicile to those who have studied in Jammu and Kashmir for a period of seven years and have appeared for their Class 10 or 12 examinations from a school there. Exemptions were also made for certain public sector and central government employees.
The Jammu and Kashmir domicile rules have been met by protests from political parties as well as ordinary residents of the Valley. They allege that the laws are a step towards bringing demographic change in the culturally distinct region.
For now, the Ladakh administration has kept the old definition of permanent residents intact. It has also increased the age limit for people who want to enter the government services. For the reserved category, the limit was raised to 45 years from 43 years, for candidates from the general category, it was increased to 42 years from 40 years, and for disabled applicants, it was increased to 44 years from 42 years.
However, this relaxation is not permanent and will only be applicable for two years.