Bill for reservation to OBCs in Local Bodies approved
*Legislation will have no impact on G&B reservation: MHA
Sanjeev Pargal
JAMMU, Feb 6: Lok Sabha today passed three significant bills pertaining to Jammu and Kashmir including the one granting Scheduled Tribe (ST) status to Pahari Ethnic Group, Paddari tribes, Koli and Gadda Brahmins and another one which will give reservation to Other Backward Classes (OBCs) in Panchayats and Municipalities. The third bill seeks to include Valmikis in the list of Scheduled Castes (SCs).
The bills will now be taken up in the Rajya Sabha for consideration and passing .
An official statement issued by the MHA said the Lok Sabha today passed the Constitution (Jammu and Kashmir) Scheduled Tribes Order (Amendment) Bill, 2024.
“The historic bill aims at empowering Pahari Ethnic Group, Padari Tribes, Koli and Gadda Brahmins by providing them Scheduled Tribe status. This has been long pending demand of these communities,” the statement said.
It clarified that the inclusion of these communities in the list of STs will have absolutely no impact on current level of reservations available to the existing Scheduled Tribe communities such as Gujjars and Bakerwals. They will continue to get reservation like before.
“Reservation to the newly listed Scheduled Tribes will be provided in such a manner that it does not cause any harm to the communities which are already listed as Scheduled Tribes. After the Bill is passed by the Parliament, the Government of Union Territory of Jammu and Kashmir will issue necessary notifications on reservation, which will ensure that the people included in the existing list of Scheduled Tribes continue to get the same level of reservation,” the MHA statement said.
It added that under the leadership of Prime Minister Narendra Modi, the Government is committed to inclusive development of every section and community of society with the mantra of `Sabka Sath, Sabka Vishwas’.
“Passage of the Constitution (Jammu and Kashmir) Scheduled Tribes Order (Amendment) Bill, 2024 is another significant step in this direction,” the statement said, adding that the Modi Government is committed to bring in progressive and affirmative changes in Jammu and Kashmir through such Act.
Responding to debate on the Bill in the Lok Sabha, Union Tribal Affairs Minister Arjun Munda said that with the scrapping of Article 370, the BJP Government has sent out a message that India is one, from Kashmir to Kanyakumari.
On the demand of an opposition member for the inclusion of Ladakh in the Sixth Schedule of the Constitution, he said that the BJP is concerned about the people of the Union Territory.
The Bill seeks to amend the Constitution (Jammu and Kashmir) Scheduled Tribes Order of 1989 to create separate lists for Scheduled Tribes for the Union Territories of Jammu and Kashmir, and Ladakh
The Lok Sabha also passed The Constitution (Scheduled Castes) Order (Amendment) Bill, 2024 which adds Valmiki community as a synonym of Chura, Balmiki, Bhangi, and Mehtar communities in the list of Scheduled Castes in Jammu and Kashmir.
The Bill seeks to amend the Constitution (Jammu and Kashmir) Scheduled Castes Order of 1956, which lists the castes deemed to be Scheduled Castes in the Union Territories of Jammu and Kashmir, and Ladakh.
Replying to a debate on the Bill, Minister for Social Justice and Empowerment Virendra Kumar said there is equality in Jammu and Kashmir after the scrapping of Article 370 of the Constitution, which accorded special status to the erstwhile state.
The Minister said earlier dispensations only used Scheduled Caste people as their vote-bank.
He also clarified that his Government was not closing pre-matric and post-matric scholarships for SC students.
Earlier, the Lok Sabha passed a bill to provide reservation to Other Backward Classes in local bodies in Jammu and Kashmir, with the Government asserting that important changes have taken place in the Union Territory since the abrogation of Article 370 on August 5, 2019.
Replying to a brief debate on the Jammu and Kashmir Local Bodies Laws (Amendment) Bill-2024, Union Minister of State for Home Nityanand Rai said the people of Jammu and Kashmir have started enjoying the fruits of development ushered in by the Government led by Prime Minister Narendra Modi.
Currently, there is no provision for reservation of seats for OBCs in Panchayats and Municipalities in Jammu and Kashmir.
The bill seeks to provide reservation to OBC in Panchayats and Municipalities and bring consistency in the local body laws of the Union Territory with the provisions of the Constitution.
“With this, justice will be ensured to the citizens of OBCs in J&K for the first time after 75 years of independence,” according to the statement of objects and reasons of the bill.
In his reply to the discussion on the bill in the Lok Sabha, Rai said he made no reference to the Opposition demand for the Government to spell out a time frame for holding of elections in Jammu and Kashmir and the restoration of Statehood.
Rai said the opposition members, participating in the debate, were resorting to a drama of supporting the bill granting reservation to OBCs in Panchayats and Municipalities in Jammu and Kashmir and were raising other issues.
“I wish to make one thing clear, no matter how much you go around in circles, but in Jammu and Kashmir wherever you go you will only hear ‘Modi, Modi’ and the development ushered in by Modi,” the Minister said.
Earlier, Opposition members in the Lok Sabha urged the Government to hold Assembly elections in Jammu and Kashmir at the earliest.
Participating in the debate, Hasnain Masoodi of the National Conference (NC) demanded that the polls in the Union territory be held soon.
He said the Central Government should have decided on the polls before the Supreme Court had to intervene in the matter.
Masoodi said Prime Minister Narendra Modi had on Monday said his Government would take big decisions. Polls in the Union Territory should be held before other big ticket decisions are taken, he added.
Minister of State for Home Ajay Misra intervened to point out that Local Bodies’ elections were held in the erstwhile State.
Participating in the debate, TMC leader Saugata Roy also referred to the Supreme Court observation and pitched for early Assembly polls in Jammu and Kashmir.
Supriya Sule of the NCP demanded a timeline and “not a vague” answer from the Government on holding Assembly polls and giving Statehood to the people of Jammu and Kashmir.
She said while the Election Commission will decide on the date, the Government could at least give a tentative timeline for holding the democratic exercise.
BJP member from Jammu constituency Jugal Kishore Sharma said the bill would ensure justice to OBCs.
Chinta Anuradha of the YSRCP said this was a progressive legislation and would help streamline the election process in the local bodies, including Panchayats.
Shiv Sena member Pratap Jadhav, Navneet Rana (Ind), Kaushalendra Kumar (JD-U), Ramesh Bidhuri (BJP), Veeraswamy Kalanidhi (DMK), N K Premachandran (RSP), Ve Vaithilingam and Adhir Ranjan Chowdhury (both Congress) also participated in the debate.
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