Draft reservation bills of J&K finalized after approval by all concerned Ministries

Will be introduced in Parl after Cabinet nod

*Legislations may be taken up  in 2nd half of session

Sanjeev Pargal

JAMMU, Feb 9: Draft bills for inclusion of Paharis and others as Scheduled Tribes (STs), grant of reservation to Other Backward Classes (OBCs) and induction of Valmikis as SCs have been drafted for introduction in the Parliament in ongoing budget session.
The bills couldn’t be tabled during Winter session of Parliament in December as it was cut short by a week, reliable sources told the Excelsior.
However, they said, the draft bills are now ready and are likely to be introduced in the Parliament in second half of budget session in March.
“All concerned Ministries have submitted their comments and views to the Union Ministry of Tribal Affairs. Important recommendations have been given by the Union Ministries of Social Justice and Empowerment and Law & Justice. The Union Ministry of Home Affairs (MHA), which is Nodal Ministry for the Union Territories, had earlier submitted its recommendation to the Union Ministry of Tribal Affairs,” sources revealed.
Subsequent to this, they said, the Competent Authority, has given approval to the draft bills which have been finalized.
All three bills will have to be approved first by the Cabinet before being tabled in the Parliament, sources said.
The Jammu and Kashmir Government on the basis of Justice (Retired) GD Sharma’s recommendations vide their letter No. SWD-BCC/14/2022 had recommended inclusion of Pahari Ethnic Group, Paddari Tribe, Koli and Gadda Brahmins in Scheduled Tribe list of Jammu and Kashmir, the proposal read.
It said as per approved modalities, proposal of the administration of Jammu and Kashmir was referred to Registrar General of India (RGI) for comments/views which too furnished observations and supported the proposal of J&K administration.
Further, it said, the proposal of Jammu and Kashmir Government was forwarded to National Commission for Scheduled Tribes (NCST) along with comments of RGI. Subsequently, the NCST too conveyed its support to the proposal.
With this, the proposal of Jammu and Kashmir was examined by all concerned Ministries and Commissions etc and approved.
Subsequently, it said, the draft Cabinet note for Inter-Ministerial Consultation was circulated and the same was informed to the Prime Minister’s Office (PMO) and the Cabinet Secretariat.
Simultaneously, the process was completed for granting reservation for the first time in Jammu and Kashmir to the OBCs.
The Valmikis will also be included as the SCs as per another legislation.
An announcement for bringing Pahari Ethnic Tribe under Scheduled Tribes was first made by Union Home Minister Amit Shah in his rallies at Rajouri and Baramulla on October 4 and 5 last year. The reservation was based on recommendations of GD Sharma Commission report.
The Home Minister had, however, made it clear that grant of reservation to Paharis under ST category will not dilute the reservation already granted under this category to Gujjars and Bakerwals.
Besides, Paddari Tribe, Koli and Gadda Brahmins will also get ST status.
Other Backward Classes (OBCs) will be extended reservation in Jammu and Kashmir for the first time. They don’t have reservation in J&K so far. However, Other Social Castes (OSCs) were granted reservation of four percent in the Union Territory.
At national level as well as in many other States and UTs, the OBCs have been given 27 percent reservation.
A sizeable population of Valmikis was also denied reservation in SC category as they were not given State Subject rights in view of Article 370 due to their migration from Punjab. They will be included in the SC category now.
Sources said separate amendment in Jammu and Kashmir Reorganization Act is also likely to be moved in the Parliament granting reservation of two seats to Kashmiri Pandits (KPs) in the Legislative Assembly based on recommendations of the Delimitation Commission.
The Panel headed by Justice (Retired) Ranjana Prakash Desai had also suggested that the Centre can consider reservation for Pakistan occupied Jammu Kashmir (PoJK) refugees.
Meanwhile, BJP UT president Ravinder Raina has described as “historic” the circulation of draft bill on grant of ST status to Paharis without affecting rights of Gujjars and Bakerwals.
He said it was the BJP Government at the Centre which has done justice with all by granting the reservation to those who were denied their rights for decades together.