Petition against grant of ST Status to Paharis, others
Excelsior Correspondent
JAMMU, July 4: A Division Bench of the Jammu and Kashmir and Ladakh High Court comprising Justice Tashi Rabstan and Justice Puneet Gupta has directed the Government to file response to a petition challenging the inclusion of “Pahari Ethnic Group”, “Paddari Tribe”, “Koli” and “Gadda Brahmin” in the Scheduled Tribe (ST) list of Jammu and Kashmir.
The petition filed by members of the Gujjar and Bakkerwal communities, contests the Constitution (Jammu and Kashmir) Scheduled Tribes Order (Amendment) Act, 2024 alleging it to be unconstitutional and arbitrary.
The Division Bench ordered that if the Government fails to file its response by the next hearing–August 12, 2024, the application for interim relief will be considered.
Senior Advocate P N Raina assisted by Advocates J A Hamal, and Ankit Dogra appeared for the petitioners while Vishal Sharma, DSGI represented the Union Ministry of Home Affairs, Union Ministry of Tribal Affairs and Registrar General and Census Commissioner of India and KDS Kotwal, Deputy Advocate General along with Amit Gupta represented the Government of Jammu and Kashmir.
The petitioners —Mohd Anwar Choudhary and others have filed the petition seeking a declaration that the Constitution (Jammu and Kashmir) Scheduled Tribes Order (Amendment) Act, 2024 is unconstitutional, void and inoperative as it is manifestly arbitrary and violative of Articles 14, 15, 16, 21 and 342 of the Constitution of India.
The petitioners urged that “Pahari Ethnic Group”, “Paddari Tribe”, “Koli” and “Gadda Brahmin” who have been included in the list of ST of Jammu and Kashmir even though they are neither have tribal characteristic, nor nomadic nor do they face any social backwardness, caste stigma nor are they educationally and economically backward. “Such inclusion in ST list of J&K if not set aside will set a wrong precedent and open the floodgates for inclusion of various linguistic communities /geographical locations in the country on linguistic basis”, they submitted.
The petition also challenged SO 176 issued by the Department of Social Welfare Government of Jammu and Kashmir, whereby a criteria was chalked out for issuance of ST Certificate on the basis of language, self- declaration, area and certification by Namardars and Chowkidars, directly contravenes the Supreme Court directions with regard Scheduled Tribe Certificates. The petition further challenged that newly added ST communities have been granted 10% Reservation while they merely constitute 8.2% (as per 2011 Census).
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