Domicile Certificate Problems of DPs from PoJK

Madan Mohan Gupta
In reference to para 3(b) of the UT, J&K Government Notification S.O. No.166 dated 18th May, 2020 we, the Displaced Families from POJK and their children have been made eligible under clauses 4(a) and 4(b) of Rule 5 for grant of Domicile Certificate. Our parents were displaced from POJK namely Mirpur, Kotli, Bhimber, Poonchh and Muzaffarabad in the year 1947. After displacement, they could not settle in the State of Jammu & Kashmir, therefore, they were sent to Delhi or other places of the country where they settled permanently for their livelihood.
In reference to the aforesaid Notification, we are facing hardship in uploading Applications, some of them are enumerated hereunder:-
(a) The Applications were uploaded successfully upto 30th June, 2020. Subsequently it is found that while uploading required documents under Clause 4(a) and 4(b) of Rule 5, a message appears that “Applicant should give the Permanent Address of UT, J&K (Screen shot attached). As we never stayed in J&K and we have no property there, then how can we give the Permanent Address of J&K. In view of this, Displaced persons settled outside J&K are unable to upload their applications for issue of Domicile Certificate.
(b) Those who had applied before 30th June, 2020 for issue of Domicile Certificate uploading the Permanent Resident Certificate of their parents or grand-parents issued by Jammu & Kashmir State authorities along with Birth Certificate of the Applicant as per the requirements under Clause 4(b) of Rule 5 are being returned/rejected with the following remarks:-
(i) “It is requested to upload clear scan copy of the Data form of 2009 and Ration Card issued by
Relief Organization Migrants Jammu. Permanent Address needs to be of Kashmir valley where from you actually belong.”
(ii) “Closed because not in the jurisdiction of Tehsil Jammu North”. In this case the Applicant had given the Permanent Address of his relative at Jammu.
(iii) “Register yourself with Relief Organization first.”
Screen shots of the returned/rejected applications are attached.
(c) In view of the above, it is to inform that our parents displaced from POJK initially stayed in different refugee camps and then were shifted to Delhi or other States of the country where they settled permanently. In such circumstances, how can we produce the Ration Card issued by the Relief Organization Migrants Office when we did not stay in J&K. Further, as per aforesaid Notification, furnishing of Ration Card is not required under Clause 4(b) of Rule 5.
Secondly, we cannot give the Permanent Address of Kashmir Valley as we don’t have any property there. Can we give Permanent Address as Mirpur etc. Address where our parents had been displaced from which is in illegal occupation of Pakistan now? This needs clarification.
Thirdly, what is Data form 2009 has not been clarified?
Fourthly, those who possess Permanent Resident Certificate issued by J&K Govt. ,it is presumed that they must have been registered first and then issued PRC. But they are again being asked to get registered first.
(d) In a peculiar case the Application of the Husband is returned and not rejected for want of a Ration Card, Data Form of 2009 and Permanent address from the Kashmir Valley but not asked for any registration. On the other side the Application of the Wife is rejected with the remarks to get the registration first but she is not asked for any Ration Card, Data Form 2009 and Permanent Address from the Kashmir Valley.
(e) Another problem that almost 73 years have passed and the 4th generation has come. 97-98% of actual victims (Displaced Persons) have left the universe and hardly 2-3% are presently alive. Therefore, some of their next generation family members are unable to trace PRC or Registration Certificate of their parents or grand-parents. But they have some documents related to ex-gratia payment of Rs. 3,500/- or house/plot allotted to them against this ex-gratia amount. These documents depict that ex-gratia amount was given to the Displaced Persons only. Therefore, they should be permitted to furnish these documents in lieu of PRC or Registration Certificate.
(f). Some of our children are studying or working abroad but still they are holding the citizenship of India. They don’t possess Aadhar Card but there is no clarification as to whether they can be issued Domicile Certificate.
(g) Website does not seem to be strong as after multiple attempts only we get success to login otherwise Error message appears every time.
One year time has been granted for the above process out of which two months have passed but still there is no link or website where registration could be done online as required in para 3(ii) in Govt. Order No. 52-JK(DMRRR) of 2020 dated 16.05.2020 . A list of 5300 Families Displaced from POJK in 1947 already registered with the Relief Organization, Jammu. It is available with UT Govt., J&K. Govt. of India has several times been requested by me to post such list on the website of Govt. of Indi as well as UT Govt. J&K so that the children of second and third generation may see whether their parents or grand -parents are already registered or not but still waiting for any reply or action in this regard. Relief Organization, Migrants, Jammu has been requested through email to clarify whether the Registration Form along with required documents can be sent through email for registration, the reply of which is awaited.
There is no email ID where an Applicant can reply or make query of their problems.
Keeping in view the above mentioned problems for uploading of their applications, it is requested that UT Govt. of J&K may constitute a Displaced Persons Welfare Board which may consider the grievances of the Displaced Persons, verify their applications, documents etc. for issue of Domicile Certificate to them. Some of the officers of J&K Govt. may be deputed in Delhi where the aforesaid work for issue of Domicile Certificate can be undertaken. Delhi will be a central place for all and maximum of the families out of 5300 families displace from Mirpur, Poonchh, Kotli, Bhimber, Muzaffarabad (POJK) etc. are settled in Delhi, NCR or surrounding areas.
In view of the above mentioned difficulties/problems, guidelines may be prepared by the UT Govt. J&K and uploaded in their website for the convenience of the Applicants. In the present situations/scenario no Displaced Person settled outside J&K are able to upload their Application and procure Domicile Certificate unless the remark mentioned in para 2(a) on pre-page “Applicant should give the Permanent Address of UT, J&K” is removed. Due to this many Displaced Persons settled outside presume that Domicile Certificate is not being issued to them. In case it is true, the Govt. of India and Govt. of UT, J&K should make it clear so that the actual victims (Displaced Persons) waited for decades but their next generations should not have this hope in future in their mind.
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