Srinagar- A group of activists from the Gujjar and Bakarwal community has filed a writ petition before the High Court of Jammu & Kashmir and Ladakh against the government for granting the tribal status of Paharis and other communities in Jammu & Kashmir.
In February this year, the Lok Sabha, passed the Constitution (Jammu and Kashmir) Scheduled Tribes Order (Amendment) Bill, 2023, granting scheduled tribe status to the community. The bill provides reservation in jobs, educational institutions. A month later, the LG administration approved 10% reservation for them and added 15 new castes in the Other Backward Classes (OBCs).
The move was seen as an attempt to please the community ahead of Lok Sabha elections. The Gujjar and Bakarwal community are up in arms against the Bharatiya Janata Party (BJP) led government for granting status to the Pahari community. The same has raised concerns among people from the open Merit category.
The petition has been filed by Mohammad Anwar Choudhary, a Jammu based Lawyer and other activists from the community who have pleaded for the staying of the amendment.
The petitioners maintained that all the communications forwarded by the Government of J&K recommending the inclusion of “Pahari Speaking People”, in the list of ST of J&K is “arbitrary and unconstitutional.”
The group has also challenged SRO 176 issued by the Department of Social welfare, J&K on March 15, 2024, as “illegal, arbitrary and unconstitutional.”
The petitioners stated that the order from the government, which segregates the reservation of tribal groups, has sparked “significant concern” and agitation among affected communities.
It said that the order, while providing a 10% reservation to the Scheduled Tribes (STs) already recognized in Jammu and Kashmir, also grants an additional 10% separately to four newly added tribes. “While this move seemingly safeguards the interests of petitioning tribes and secures job opportunities and admission reservations in J&K government institutions, it falls short in addressing several critical issues,” the petition reads, a copy of which lies with Kashmir Observer.
The petitioners mentioned a number of reasons on why the order is not in the interest of the community and discriminates against certain groups unfairly, thereby violating fundamental principles of justice and equality.
“The SO fails to protect the “Political Reservation” previously granted to the 12 tribes of Jammu and Kashmir separately. This omission undermines the political representation and participation rights of these tribes, potentially marginalizing their voices in decision-making processes,” reads the petition.
The petition also mentions that the non-segregation of the share of benefits from hundreds of Government of India schemes for tribals between the existing 12 Scheduled Tribes and the newly added 4 groups raises concerns about equitable distribution and access to resources.
Furthermore, the petitioners stated that in competitions for jobs and admissions in central government institutions, the newly added four ST groups will now compete on equal footing with the petitioning tribes (12 Tribes).
“This poses a challenge as petitioning tribes may face stiff competition from the so – called newly added tribes with potentially better socio- economic and educational backgrounds,” the group stated.
They further stated that in future recruitments for Central Belt Forces/Central Govt Bank Jobs / University jobs/ IIM/IT Jobs in Jammu and Kashmir, the petitioning tribes may find themselves competing against the newly added four groups , despite significant disparities in social and educational levels.
“This could further exacerbate socio-economic inequalities and hinder the representation of marginalized communities in crucial government positions,” reads the petition.
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