Rajya Sabha clears historic bills for Jammu and Kashmir

In a significant development, the Rajya Sabha on Friday passed three Bills related to Jammu and Kashmir, marking a historic milestone for the Union Territory’s legislative framework. Among these Bills is a landmark legislation that aims to include the Pahari Ethnic Community in the list of Scheduled Tribes in Jammu and Kashmir. The session saw […]

by Ajay Jandyal - February 10, 2024, 8:57 am

In a significant development, the Rajya Sabha on Friday passed three Bills related to Jammu and Kashmir, marking a historic milestone for the Union Territory’s legislative framework. Among these Bills is a landmark legislation that aims to include the Pahari Ethnic Community in the list of Scheduled Tribes in Jammu and Kashmir.

The session saw thorough deliberation on the proposed bills, each designed to address crucial aspects of governance and representation in the region. Following detailed discussions, the Rajya Sabha overwhelmingly approved all three Bills, echoing the earlier endorsement received from the Lok Sabha.

The Bills that received parliamentary approval include the Jammu and Kashmir Local Bodies Laws (Amendment) Bill, 2024; the Constitution (Jammu and Kashmir) Scheduled Castes Order (Amendment) Bill, 2024; and the Constitution (Jammu and Kashmir) Scheduled Tribes Order (Amendment) Bill, 2024.

The Jammu and Kashmir Local Bodies Laws (Amendment) Bill, 2024, spearheaded by Union Minister of State for Home Nityanand Rai, aims to introduce reservation for Other Backward Classes (OBCs) in local bodies across the Union territory. Notably, this legislation fills a gap as there is currently no provision for OBC reservation in panchayats and municipalities in Jammu and Kashmir.

In a move signaling inclusivity and recognition, the Constitution (Jammu and Kashmir) Scheduled Tribes Order (Amendment) Bill, 2024, seeks to expand the list of Scheduled Tribes in Jammu and Kashmir by including four communities: Gadda Brahmin, Koli, Paddari Tribe, and Pahari Ethnic Group.

Similarly, the Constitution (Jammu and Kashmir) Scheduled Castes Order (Amendment) Bill, 2024, proposed by Minister of Social Justice and Empowerment Virendra Kumar, endeavors to include the Valmiki community as a synonym of Chura, Balmiki, Bhangi, and Mehtar communities in the Scheduled Castes list of Jammu and Kashmir.

These legislative amendments aim to modernize and align the legal framework of Jammu and Kashmir with contemporary socio-political realities, ensuring equitable representation and opportunities for various communities in the region. The Bills are poised to usher in a new era of governance and inclusivity in the Union Territory.

Lieutenant Governor Manoj Sinha reiterated the government’s commitment to upholding the reservation rights of existing Scheduled Tribes (STs) while addressing concerns surrounding the extension of reservations to the Pahari Ethnic and other tribes in the ST category.

Emphasizing on maintaining the integrity of existing reservation quotas, Lt. Governor Sinha assured that the newly added tribes would constitute a separate block within the ST category, ensuring that the reservation benefits of existing STs, including Gujjars and Bakerwals, remain intact. He addressed attempts by certain political entities to mislead the public on the issue, affirming that the reservations for the newly added tribes aim to fulfill the Central Government’s inclusive development agenda.

Highlighting the process that led to the extension of reservations, Lt. Governor Sinha referenced Union Home Minister Amit Shah’s announcement during his 2022 visit to Rajouri and Baramulla, following recommendations from the GD Sharma Commission. He clarified that the reservations for Pahari Ethnic tribe, Paddari tribe, Koli, and Gadda Brahmins were passed in the Lok Sabha through a bill, aligning with the government’s commitment to “Sabka Saath, Sabka Vikaas.”

Addressing concerns of the existing STs, Lt. Governor Sinha assured that there would be no reduction in their quota of 10 percent reservations. He underscored the creation of a new Sub Group to accommodate reservations for the newly added tribes under the ST category, ensuring separate reservation provisions without impacting existing quotas.

Asserting the government’s protection of the interests of Gujjars, Bakerwals, and other tribes, Lt. Governor Sinha urged them not to be misled by political agendas. He assured that there would be no compromise on their reservation benefits, emphasizing the government’s commitment to maintaining separate reservation structures to avoid any competition or dilution of existing quotas.

Lt. Governor Sinha’s remarks underscore the government’s efforts to ensure equitable representation and opportunities for all tribal communities, while safeguarding the reservation rights of existing STs in Jammu and Kashmir.
NC on ST status to paharis

J&K, former chief minister and NC vice-president Omar Abdullah already stated that the share Gujjar community get from ST reservation must be guaranteed and protected. Abdullah said that NC has always supported reservation to Paharis, but share to the Gujjar community must also be protected.

BJP National General Secretary and In-Charge J&K Tarun Chugh on Wednesday called the grant of ST status to Paharis as a watershed moment for the Union territory.