Order S.O. 1229(E), the Jammu and Kashmir Reorganisation (Adaptation of State Laws) Order, 2020

Indian Ministry of Home Affairs

SUMMARY

November 23, 2023

By fiat, this order eliminated historic rights (won through social mobilization and guaranteed by treaty and constitution) protective of the indigenous population’s ownership of immovable property, access to employment and access to educational opportunities. This facilitates forced demographic change and settler colonial activity while furthering the colonial domination, dispossession, disempowerment and marginalization of the territory’s indigenous people.

Topics: changing laws in force in occupied territory, international humanitarian law violation, no consent of governed, violation of economic rights, violation of cultural rights, violation of social rights, demographic change, settler colonialism, land expropriation, forced demographic change, colonial domination, dispossession, disempowerment, marginalization, right to education, right to work, indigenous rights, state subject, permanent resident, domicile

ARTICLE PREVIEW

By fiat, the Government of India issued a broad order that, among other things:

Repealed a number of historic laws, including: The Agriculturists Relief Act (1926), the Jammu and Kashmir Aid to Agriculturists and Land Improvement Act (1936), the Jammu and Kashmir State Aid to Industries Act (1961), the Jammu and Kashmir Civil Courts Act (1920), the Jammu and Kashmir State Emergency Relief Fund Act (1960), the Jammu and Kashmir Forest Corporation Act (1978), the Jammu and Kashmir Silk Protection Act (1907)
Amended a number of historic laws, including: the Jammu and Kashmir Anatomy Act (1959), the Jammu and Kashmir Ancient Monuments Preservation Act (1977), the Jammu and Kashmir Chowkidari Act (1956), the Jammu and Kashmir Civil Services (Decentralization and Recruitment) Act (2010), the Jammu and Kashmir Debtors Relief Act (1976), the Jammu and Kashmir Egress and Internal Movement (Control) Ordinance (1948), the Jammu and Kashmir Enemy Agents Ordinance (1948), the Jammu and Kashmir Excise Act (1901), the Jammu and Kashmir Forest Protection Force Act (1978), the Jammu and Kashmir Habitual Offenders (Control and Reform) Act (1956), the Jammu and Kashmir Housing Board Act (1976), the Kashmir and Jammu Universities Act (1969), the Jammu and Kashmir Mulberry Protection Act (1949), the Jammu and Kashmir Property Rights to Slum Dwellers Act (2012), the Jammu and Kashmir Property Tax Board (2013), the Jammu and Kashmir Public Safety Act (1978), the Jammu and Kashmir Saffron Act (2007), the Sapphire Act (1932)

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