Dr Javaid Rahi
The J&K Delimitation Commission has shared a new map of the 90 Assembly constituencies and has proposed 9 seats to be reserved for Scheduled Tribes of Jammu and Kashmir from the next election. Prior to this in 1975 vide 12th Amendment to the erstwhile Constitution of Jammu and Kashmir, 8% of total seats were reserved in J&K Assembly for Scheduled Castes.Now SCs and STs both will get political reservation in JK Assembly.
Nevertheless a sizeable tribal population lives here but there was no provision in the erstwhile J&K State’s constitution for political reservation to STs till 2019 but SCs have. In 2002, ignoring the demand of Political Reservation of STs, the J&K Assembly through 29th Amendment, restricted all exercises to redraw/reserve J&K Assembly seats till the first census taken after the year 2026 have been published.
In all the States of India, the SCs and STs are entitled to draw similar benefits including the ‘Political Reservations’ that empower them in political institutions. But, as per records, in J&K the STs were never ever treated on par with the SCs with regard to constitutional guarantees/other safeguards in terms of Political Reservations. Realizing this, the JK Gujjars/ Bakerwals were vigorously struggling for grant of Political Reservations to STs in democratic institutions, since 1991, when they were included in the Scheduled Tribes list of Jammu and Kashmir.But nothing concrete emerged.
Responding to the long pending demands of tribes, the Govt of India, through Reorganization Act 2019 , has reconstituted the J&K ‘Delimitation Commission’ to redraw existing seats and to reserve Assembly seats for STs. Accordingly, after a long exercise, the Commission has issued an interim report proposing therein reservation in 9 Assembly segments for STs, consisting of Haveli, Surankote, Mendhar, Thana Mandi, Darhal, Mahore of Jammu divisions and Kangan, Larnoo and Gurez seats of Kashmir valley, to empower the tribes, as envisioned in constitutional framework and as warranted under relevant laws.
This was not the first occasion when the Union Government has directly intervened in the issues related to Gujjar and Bakerwal communities of Jammu and Kashmir. There have been a number of occasions when the Centre took extraordinary steps to end social and political exclusion and marginalization of these tribes in J&K.
Some such cases are listed below:
Sanctioning of Special Central Assistance for Gujjars
In 1974-75 , the Central Government sanctioned a one-time grant of Rs 13 crores for the development of Gujjars and Bakerwals of Jammu and Kashmir and introduced ‘Annual Budget’ for them under ‘Gujjars-Bakerwals Sub Plan’ in 1976. At that time, the 13 crores amount was considered as the biggest ever package for any community as that was more than half of the routine budget of J&K for the year 1974-75 . The package was sanctioned for development of Gujjars and Bakerwals socially, economically, educationally and to promote their language and Culture.
To utilize the amount, a body namely ‘J&K Advisory Board for the Development of Gujjars and Bakerwals’ was constituted in 1975 through a Cabinet decision, with 24 non-official members mainly drawn from Gujjar-Bakerwal communities. The main objectives of this Board was to advise the government on Gujjar-Bakerwal issues. During the of meetings of the Board, on the advice of community leaders, the respective Governments in the erstwhile State, established Gujjar-Bakerwal Hostels in each district in J&K, granted scholarship to G&B Students, opened new schools in Gujjar localities, constructed shops for livelihood programmes for Gujjars-Bakerwals, established Gojri wing in J&K Academy of Art, Culture and Languages and launched special initiatives in sectors like Sheep and Animal Husbandry, Agriculture, Horticulture, Irrigation etc. Presently the Board functions under the Department of Tribal Affairs, J&K.
Grant of Scheduled Tribe status to Gujjars-Bakerwals
Another instance of Centre’s hand-holding of Gujjars-Bakerwals is the path-breaking step of including the Gujjar-Bakerwal community in the list of Scheduled Tribes in the year 1991. Prior to this, the community had been recognised as a weaker section by a number of committees /commissions constituted by Govt of India and Govt of Jammu and Kashmir from time to time to identify the weak and under-privileged classes of society. All the Commissions recommended affirmative actions for these communities to bring them on par with the mainstream society.
The Kakasahib Kalekar Commission -1953 identified 837 “most backward” castes in India. The Commission described “Gujjars” as cowherds and graziers, identifying their backwardness in many states including J&K.
In June 1956, vide order No: 826-C of 1956, the then Government of the erstwhile J&K State made an Amendment in the Jammu and Kashmir Civil Services ( classification and appeal rules) to make reservation in Government services in favour of backward classes. In this order, Bakerwals figured at S.No 7 and Gujjars figured at S.No 14. But the order was never implemented as it was challenged in the court.
The Gajendra Gadkar Commission, constituted by Govt of Jammu and Kashmir in 1967, annexed a list of Backward classes, with its report submitted in 1968. The Gujjar-Bakerwals figure in the list in column B and G.
Justice JN Wazir Committee in 1969 and the Anand Committee in 1976 recommended 4% reservation for Gujjars-Bakarwals under Socially/Economically Backward classes. The Mandal Commission in 1979 mentioned Bakerwals at S.No 01 and Gujjars at S.No 26, amongst 63 socially/economically backward classes /castes of Jammu and Kashmir, recommending them for affirmative actions.
On the basis above recommendations and the report prepared after field study by ‘Registrar General of India’ in 1985 under Ministry of Home Affairs Govt of India, and after considering various records of history, census reports of 1871 to 1941, reports of various Committees, Commissions and on the recommendations of the then government of J&K, the Government of India has declared ‘Gujjars and Bakarwals ‘ as Scheduled Tribes of India on 19th April 1991, by virtue of which the J&K Govt granted 10% reservation to STs in 1996.
This was a historic decision taken by New Delhi to empower the Gujjars/Bakerwals of J&K.
Demands of Gujjars for grants of Tribal Rights
After the inclusion of Gujjars-Bakerwals in ST list of J&K in 1991, the tribes initiated another struggle to seek the other rights accruing to the grant of the ST status, on par with other tribal communities in the country. They included the tribal rights like ‘grant of rights of political reservation to Scheduled Tribes in all democratic institutions, extension of Forest Right Act- 2006, Conservation Act 1980 and SC/ST (Prevention of Atrocities) Act-1989, extension of Panchayati Raj Act to Jammu and Kashmir, the PESA law and other such laws which aim at political and social empowerment of tribes of the country.
Grant of Tribal Rights in 2019 by Central Govt
Another example of Centre’s handholding is evident from the extension of Tribal Laws to Jammu and Kashmir through Reorganization Act 2019. These Acts, Laws, Rules and Regulations have paved the way for the overall development/empowerment of marginalized tribes of J&K, especially Gujjars, Bakerwals, Gaddis and Sippis.
Political Empowerment
Under the Reorganization Act 2019, the Govt of India has granted Political Reservation to J&K tribes especially the Gujjars and Bakerwals in Panchayat level bodies. Under the said reservation, total 1532 Panchs and 102 Sarpanchs have been elected under ST category across Jammu and Kashmir. In Block Development Councils, 66 BDC Chairmen have been elected under ST reservation. In district level election of District Development Council members, 43 tribal members have been elected as DDC members. Out of them 38 were elected on reserved seats while 5 others were elected on unreserved seats. As per the Panchayati Raj Act, the District Development Council is to be headed by a ‘Chairman’ and at present three districts comprising Poonch, Rajouri and Anantnag are headed by three tribal (Gujjar) chairpersons. Besides, a number of seats have been reserved in Municipal Councils and other bodies for STs.
Now, in yet another step forward in the same direction, the Government of India is going to reserve 09 seats in J&K Assembly for STs that will empower tribes to raise their issues in the Assembly.
Recognition of Forest Rights
Under new initiatives, taken after 2019 , the Forest Rights Act 2006 is implemented in J&K after 14 years of its existence in other states of India. On the special attention of the UT Government, around 20,000 ‘Community claims’ and ‘individual claims’ have been settled by DMs of the 20 districts. And the process to invite claims is going on in full swing.
Education for tribals
Lieutenant Governor, Manoj Sinha who is taking a personal interest in tribal development has recently launched the ‘Smart Schools’ Project in Jammu and Kashmir for tribal communities. Under this maiden project, modernization of 200 schools in Tribal areas will be completed in 2022.
Other initiatives for tribals
Under new initiatives, the Govt has launched schemes like Tribal Tourist Villages, clusters of Tribal villages, Tribal Self Help Groups under a number of schemes, Tribal model villages, TRIFED initiatives for JK Tribes, promoting minor forest products, establishment of 1500 mini sheep farms for livelihood, setting up of 16 new milk villages to connect at least 2,000 youngsters to the dairy sector, establishing Tribal Cooperative Marketing Development Federation, etc.
Such initiatives of the Union Government prove that Delhi is having a well-defined policy of holding the J&K Tribal by their hand for their overall progress, development, upliftment and empowerment.
(The author is a tribal researcher of J&K)
Follow our WhatsApp channel
