RBA Category: Upholding Basic Constitutional Values in J&K

Dr Hakim Singh
A wide range of people in Jammu and Kashmir require assistance or safety due to persistent political unrest and inadequate governance. This covers people who are backward, SCs, STs, Pahadi, residents of border areas, refugees, displaced people, RBA and so forth. There is no inherent conflict between different groups provided the government draws the lines in a fair manner, especially in cases of UR or other category. The general category includes people who are well-off in many aspects, while the rest require protection.
A prejudiced stance by the Government, media, and public towards a specific segment of society may lead to their continued marginalization. Reservation is a rational policy tool intended to protect the marginalised elements of society and elevate them to a position where they may enjoy socio-economic and political opportunities, not just as a token gesture of kindness. It is not about escalating rivalry or disputes; rather, it is about promoting a peaceful, equitable, and just society. Reforms to the policy, however, are not permitted to widen socio-economic and regional divisions. Its dynamism must address emerging issues and close existing gaps rather than making them wider. It cannot be given to supporters or utilized to get votes.
The Government’s future policy reforms, which will be aided by the Jammu and Kashmir Socially and Educationally Backward Classes Commission (JKSEBC), should aim for maximal inclusivity to address the intersectionality and multifarious, multidimensional concerns at hand. It is essential to identify those in need and modify the policy appropriately. There must be no bias or discrimination in either the inclusion or exclusion process. Depending on the type of problem, different models including incremental, economic, administrative, and rational should be used.
Specifically, the recent distribution of 10 percent reservation to the Pahadi linguistic and ethnic group seems to have failed to live up to the post-reorganization state’s pledges of justice, inclusivity, and universality. It appears that certain areas and populations were given political preference and protection. The other side of the hills has a lot of neglected places; they include Kuntwada, Saroor, Sarthal, Parmar, Dashan, Marwah, Nagsani, Warvan, Kethar, and Nali, Desa among others. In addition to lacking basic services, some communities nevertheless engage in the activity of raising cattle and other animals. They live a nomadic lifestyle for six months to feed their livestock and animals. Under such conditions, extending tribal status or protecting the Resident Backward Class (RBA) as per the demography becomes important in these areas.
RBA must therefore be improved and made more widely available to them, both locally and nationally. And rather than shielding them on a national level, the prejudice or the plan to abolish the RBA appears to be an attempt to exert pressure on a large, voiceless group that has always suffered from being at the center of state power politics.
In the struggle between the dominant communities of Jammu versus Kashmir and Jammu and Kashmir versus Ladakh, their voice was never heard. However, they were also utilized as a sandwich to feed other factions of power, such as militants and separatists. In keeping with the reservation policy’s maximum limit or cap, the elimination and decrease of RBA quota will now also be feeding the bellies of others.
This article speaks for every person living in a backward area who has experienced hardship and is currently fighting for access to basic amenities as well as socio-economic, political, and physical security. The places that survived majorly being the main targets of militancy while living in difficult conditions and without the necessities of life.
Expanding and reducing quotas are crucial, but was it justified to cut the RBA quota to 10% to implement the EWS quota, which barely meets the demands of the poorest? Do we not agree that each government should approach distinct challenges differently, valuing ethnicity, tribe, gender, area, and infrastructure over generalizations, majoritarianism, dominance, and political lobbying when rethinking redistributive measures? The criteria of EWS are rarely relevant in mountainous locations, where a person having slightly more than 40 kanals of land, which has little agricultural value in comparison to the plains, is ineligible for EWS. Meanwhile, anyone with land below the ceiling but an income of 8 lakhs is eligible. This presents additional hurdles for backward residents competing on both local as well as national scales.
As a result, without framing the issue as a battle between general and specific, Pahadi versus non-Pahadi, or RBA versus others, the state must empower every weaker section of society without favoring one over the other, regardless of number or identity. Before decreasing or eliminating the RBA quota, the state must be held accountable for closing the rural-urban and backward-forward gaps. Providing basic amenities alone will not sufficient; it is necessary to address the 75-year gap and deprivation, as well as the consequences. Basic facilities must empower people, and an investigation is required to establish whether they have had a good impact. The protection cannot be eradicated simply by building infrastructure, but only after guaranteeing that residents are empowered and no longer backward through addressing the generational gaps.
In response to every propaganda, it is crucial to clarify that RBA is not a political or administrative gift, but rather a constitutional remedy addressing residence-based discrimination and handicaps. The true statesmanship and public administration had brought the category to suit local needs. It is not anti-national or unconstitutional because it upholds the Indian Constitution’s basic socialistic, democratic, and Gandhian values. It promotes positive discrimination and affirmative action policies while striving for India’s long-term, fair, inclusive and sustainable development.
(The author is a former Senior Research Fellow)