Fulfilling the long pending demand of the Pahari-speaking ethnic group, the Union Government on Wednesday introduced a bill in this regard in the Lok Sabha to grant the Scheduled Tribe (ST) status of this community.
The Centre on Wednesday introduced two bills in Lok Sabha pertaining to the scheduled castes and scheduled tribes in Jammu and Kashmir.
Minister of State for Home Nityanand Rai moved to introduce the Jammu and Kashmir Reservation (Amendment) Bill, 2023. The bill was introduced by a voice vote with no opposition member opposing its introduction.
The Jammu and Kashmir Reorganisation (Amendment) Bill, 2023, was also introduced by Rai following a voice vote. Hasnain Masoodi of the National Conference opposed the introduction of the measure claiming that the Reorganisation Act is a "constitutionally suspect law".
He said the matter is sub judice as the Supreme Court is examining the matter. "It is against constitutional propriety to amend an Act which is under judicial scrutiny," he said.
Union ministers Virendra Kumar and Arjun Munda then introduced the Constitution (Jammu and Kashmir) Scheduled Castes Order (Amendment) Bill, 2023, and the Constitution (Jammu and Kashmir) Scheduled Tribes Order (Amendment) Bill, 2023, respectively.
Bill introduced after giving assurance to Gujjars-Bakerwals
The much-awaited bill to grant ST status was introduced only after Union Home Minister Amit Shah assured Gujjars and Bakerwals that their quota will remain intact at any cost.
During a meeting with Gujjar leaders on Tuesday evening, Union Home Minister reiterated that there would be no dilution in the existing quota as well as other ST benefits to Gujjars after the grant of ST status to Paharis.
A delegation of over two dozen Gujjar leaders met the Union Home Minister and conveyed their concerns with regard to the proposed move of the government to grant ST status to Paharis. While addressing a rally at Rajouri on October 4, 2022, Union Home Minister had promised that ST status will be granted to Paharies, but not at the cost of the rights of existing scheduled tribes of the Union Territory.
He assured Gujjars and Bakerwals that this decision will not dilute the rights of the communities which are already enjoying the ST status. "There will be no effect on the reservation of Gujjars and Bakewals even by one percent," Shah had assured.
But some groups of Gujjars and Bakerwals are opposing this move of the Union Government. Some groups of Gujjars and Bakewals expressed their apprehensions about the dilution of their rights.
NCST already cleared the way for the inclusion of Paharis in the ST list
The National Commission for Scheduled Tribes (NCST) has cleared the way for the inclusion of the "Pahari ethnic group" in the Scheduled Tribes list of the Union Territory of Jammu and Kashmir.
In November 2022, the NCST cleared the way for the inclusion of the "Pahari ethnic group", "Paddari Tribe", "Koli" and "Gadda Brahman" communities to be included in the ST list of J&K.
The NCST supported the proposal based on the recommendation of the Office of the Registrar General of India. The suggestion for inclusion had come from the commission set up for socially and educationally backward classes in the Union Territory, headed by Justice (Retd.) G.D. Sharma.
The government has also decided to include Valmikis in the Scheduled Caste list of Jammu and Kashmir who were residing here since 1957-58 after shifting from Punjab but were denied genuine rights and reservation by the previous Governments on the grounds of Article 370 of the Constitution of India.
