Colonel Shiv Choudhary (Retd)
The UT of Jammu and Kashmir and social media is abuzz once again with the news of compulsory registration of all vehicles registered outside the UT of Jammu and Kashmir albeit no vehicle with outside registered number to ply here unless registered in this UT. This is amazing direction perhaps conceived and issued to create an unavoidable confusion, chaos and anxiety amongst a large segment of vehicle owners.
Interestingly, this subject was closed not long ago when the Hon’ble HC of the UT had quashed the circular issued by the RTO Kashmir mandating re-registration of all vehicles purchased outside UT within 15 days. The court had ruled that a life time tax once levied at the point of registration of a vehicle in terms of Section 3 of the Motor Vehicles Act, cannot be levied on a vehicle registered, merely on a presumption that a vehicle registered outside Union Territory of J&K, has remained here for a period of 12 months from outside Jammu and Kashmir.
The order seems bizarre in the digital era and ‘Digital India’ we have been talking since last few years. Every purchaser of a vehicle pays one time registration fee at the time of initial registration in a location. Thereafter, the vehicle operator pays the toll tax at every toll post encountered when plying on the NHs. In this era of technology, digital, accessibility and internet facilities, anyone can authenticate ownership and registration including the insurance cover and driving license anytime from anywhere. Therefore the orders of this nature only reflects that instead of making an effort in catching the thief, suspect, subject and trouble everyone as potential thief to demand re-registration of vehicles.
We take pride in ‘One Nation’, ‘One Tiranga’, ‘One Constitution’ and even ‘One Ration Card’ and we are propagating two registrations. We are also aware that Art 370 was removed not long ago to integrate UT of Jammu and Kashmir with India and avoid much hackling and delays at the main entry point into the UT at Lakhanpur. One needs to ponder over if this decision of seeking re-registration really integrates UT with other states and UTs or it simply disintegrates. This is a big question before us.
There are a large number of military and Para Military Forces personnel who by virtue of their frequent/ periodic transfers and operational needs as part of national duty, are ordered to move to field, high altitude and non family stations for 2-3 years and they move their personal vehicles and families at their permanent homes or with parents in the UT. There is also likelihood of such soldiers as part of their unit moving to similar locations again after completing the present tenure of 2-3 years. Similarly, we have huge population of military families from across many states located in various military stations within the UT here while the soldiers are away on operational duties. Employees from other departments and residents of UT of Jammu and Kashmir working outside with similar nature of vehicles are no exceptions too. With the new order in vogue, will all these people be entering into fresh registration in each location cum state every 2-3 years if other states and UTs follow suit? Will the relevant provision of Indian Motor Vehicle Act, stipulating limitation of 12 months apply to these people owning various types of vehicles?
The issue of concern warranting this requirement seems to stem out of fear of fake registration, misuse of such vehicles for unlawful activities, plying beyond the stipulated life and perhaps adding to the work load of checking agencies. These concerns are appreciated and are within the charter of both the RTOs and police for punitive and remedial actions where needed. By no means, such requirement should necessitate unwanted re-registration. A habitual offender may misuse his/ her vehicle anywhere irrespective of its location of registration. Fortunately, we have just one main entry gateway at Lakhanpur and any such audit or authenticity can be done there with web based applications operational from anywhere. If need be, a special security token system can be introduced at the entry point for added accountability, tracking and tracing of any suspected vehicles post entry.
Issuing a blanket order sounds retrograde with the spirit of integrating UT of Jammu and Kashmir with other Indian states and UTs especially in view of the spirit of abrogation of Art 370. With the pandemic on since beginning last year and its end or continuity in various forms remaining unknown, a lot more inward and outward movement or longer halts of such vehicles are expected due to frequent lockdowns, job losses and restriction on various existing modes of transport. There is an urgent need to make every effort to minimize financial hardships, the hassles for incoming tourists and travelers into our UT by adopting guest friendly practices and checking process. Nothing new should be initiated to discourage outsiders. It was with this spirit in mind, the Hon’ble court left it open for the authorities concerned to screen, scrutinize and verify the genuineness of documents of any vehicle entering J&K from outside with outside registration.
We are living in a technological era with tools, technology and access to internet everywhere. All such facilities and requisite training of RTO and police staff must be used and supported to track, verify, update and collate data bank. Proactive cooperation of the vehicle owners needs no emphasis. This can easily be done for anything entering UT of Jammu and Kashmir, rather than introducing something which goes against the much needed spirit of One Country, One Constitution and One Law and justified need of just one initial registration pan India. Financial accruals if factoring in such a decision even remotely, must be ignored for larger good.
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