Nishikant Khajuria
While the grant of Scheduled Tribe (ST) status to the Pahari community along with some others aims to uplift a historically marginalized group, it has inadvertently placed significant burdens on the general category population in Jammu and Kashmir. As the overall reservation touches 60 percent of the total following allotment of additional 10 percent quota to the newly included communities under ST category, the resultant reduction in educational and employment opportunities for the general category people has sparked a debate over rationale behind granting ST status to the Paharis and its adverse consequences for those not covered under any category.
As per the Statutory Order (S.O) number 305, notified by the Social Welfare Department of J&K Union Territory Government, dated 21-05-2024, amendments have been made in the Jammu and Kashmir Reservation Rules, 2005, listing Pahari Ethnic Group, Gadda Brahmin, Koli and Paddari Tribe as Scheduled Tribe -II and granting them 10 percent reservation separately from the existing 10 percent quota for the Scheduled Tribe 1 (Bakerwal, Gujjar, Balti, Beda, Bot, Brokpa, Gaddi Sippi etc), who were already enjoying ST status.
The new roster prescribed for the allotment of quota under different categories, mentions that there will be 20 percent reservation for the STs (10+10), eight percent for the Scheduled Castes (SCs), eight percent for the Other Backward Classes (OBCs), four percent for the residents of the areas adjoining Line of Control and International Border, 10 percent for the residents of Backward Areas and 10 percent for the Economically Weaker Sections. Therefore, there will be 60 percent reserved quota for different categories, leaving only 40 percent for the general category people to compete in the open merit. If the horizontal reservation for the Ex-Servicemen (6 percent) and Persons with Disabilities (4 percent) is also taken account, the vacancies in open merit further come down.
The reduced opportunities for the general category people in respect of employment and education means more competition and increased cut off marks, respectively. Even as the Government may have its own logic and justification to defend exceeding of 50 percent reservation, the burden on the general category and its possible political ramifications in Jammu and Kashmir cannot be ignored, particularly at the time when Assembly elections are likely to be held soon.
Pertinent to mention that Supreme Court of India, in its historic judgment dated 16th November, 1992, in the Indra Sawhney case W.P.(C) No. 930 of 1990, has decided that reservation under Articles 15(4) and 16(4) of the Constitution should not exceed 50 percent. Articles 15(4) and 16(4) prescribe reservation for the Scheduled Castes, Scheduled Tribes and socially and educationally backward classes in education and Government jobs.
Reduced opportunities for the general category people have apparently generated a sense of resentment among the communities not covered under reserved category, who believe that reduction in number of open seats means increased competition and further intensifying the pressure on them to secure admission in educational institutions. Now the general category students will have to face higher cut-off marks to secure admission for higher education and this would lead to an uneven playing field where merit-based opportunities further diminish for the general category, said Vinkal Sharma, an educated unemployed youth.
Similarly, there will be reduced job opportunities for the general category aspirants, potentially leading to higher unemployment rates within this group. As general category job seekers will face stiffer competition for the limited unreserved positions, this may result in increased stress and a possible rise in underemployment or career stagnation for highly qualified individuals unable to secure appropriate positions, observed the people.
“For the political reasons, Government accorded ST reservation to the Pahari people residing in two districts even as they were not technically qualified for the same. Whatever may be the reason or compulsion, the ultimate sufferer of Pahari reservation are we general categories people of Jammu and Kashmir who comprise 70 percent of the total population in the UT and will have to now compete for the rest of 35 percent vacancies in open category,” ” said Atul Sudan, an educated unemployed and Vice-president of Jammu Joint Students Federation (JJSF), while describing this as murder of merit.
Further, such a situation is feared to trigger resentment and social tensions between different communities impacting social cohesion and harmony in the already sensitive Jammu Kashmir Union Territory.
According to Ved Parkash Sharma, president of Dogra Brahman Pratinidhi Sabha, reservation on the basis of caste and tribe should be completely abolished as the same has been dividing the society as well as the country. “We have been consistently maintaining that reservation in jobs and education, if any, should be strictly on the economic basis. In the Government believes that any particular community is backward and requires special attention, incentives like free coaching and scholarships may be extended to them, but there should be no reservation or quota system,” he opined and claimed that reduced opportunities were forcing the meritorious students to leave the country for suitable placement and thus resulting into brain drain.
Besides, political repercussions of the resentment among general category people because of increased reservation is also not ruled out. Since ruling BJP has been taking credit for granting ST status to the Pahari community, the party should also remain prepared for facing the annoyance of unreserved category people, particularly upper caste Hindus in Jammu region who have remained traditional supporter of the saffron party.
BJP had planned to make inroads in twin border districts of Rajouri -Poonch and some pockets of Baramulla by fulfilling long pending demand of the Paharis for the ST status and the community also reciprocated the gesture by announcing open support to the party. However, the Lok Sabha election results have made it clear that despite all out efforts of the BJP to garner support for the Apni Party candidate from Anantnag-Rajouri Parliamentary constituency, majority of the Paharis did not pay heed to the appeal for vote to the BJP’s choice.
Therefore, the attempt to mollify Paharis by granting them ST status for their political support has apparently not yielded desired result for the ruling BJP while on the other hand, the move seems to have annoyed the party’s traditional voters. As the roster for reservation was issued by the Social Welfare Department on May 21, 2024, the issue did not come into prominence in the Parliament elections for Jammu and Udhampur constituencies. However, the situation would not be the same and the issue may damage BJP prospects if Assembly elections are held in Jammu and Kashmir by September this year, as per the Supreme Court direction.
As the issue of Pahari reservation and simultaneous reduction in opportunities for the general category people seems proving counter- productive for the BJP, the party may have the pinch of feeling like: Na Khuda Hi Mila, Na Visaal- e-Sanam, Na Idhar Ke Rahe, Na Udhar Ke.
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