The story so far: On December 6, the Lok Sabha passed the Jammu and Kashmir Reservation (Amendment) Bill, 2023 amending the reservation quotas in Jammu & Kashmir. There are two more Bills on the dock which alter the list of communities under Scheduled Caste (SC), Scheduled Tribes (ST) and Other Backward Classes (OBC), expanding the quotas to many more communities.
The first piece of legislation — Jammu and Kashmir Reservation (Amendment) Bill, 2023 — seeks to amend the term ‘weak and under-privileged classes (social castes)’ in the Jammu and Kashmir Reservation Act, 2004 to ‘Other Backward Classes’, expanding the reservation to many more communities. This was recommended by the J&K Socially Educationally Backward Classes Commission (SEBCC)
The second Bill — The Constitution (Jammu and Kashmir) Scheduled Tribes Order (Amendment) Bill, 2023 — is a constitutional amendment which seeks to revise the list of Scheduled Tribes in J&K to include the Pahari community.
The third Bill — The Constitution (Jammu and Kashmir) Scheduled Castes Order (Amendment) Bill, 2023 — is a constitutional amendment seeking to include the Valmiki community in J&K’s Scheduled Castes list by adding it as a synonym to Chura, Bhangi, Balmiki, and Mehtar.
Also read: Bills listed for this Winter Session
Here is a detailed look at the three proposed bills.
Reservation policy in J&K
Prior to the revocation of Article 370 which granted autonomy and special status to J&K, the State’s reservation policy was governed by the Jammu and Kashmir Reservation Act, 2004. Under the Act, Scheduled Castes (SC), Scheduled Tribes (ST) and socially and educationally backward classes (SEBC) also known as weak and under-privileged class (Social Caste) were provided reservation in State government jobs. If the reserved quota was not filled during a recruitment drive, the vacancies would be carried forward to the next cycle. The reserved percentage could not exceed 50% of vacancies.
J&K residents belonging to the SC/ST/Social Castes communities were also given reservation in promotions, the quota for which could not exceed 31% of vacancies. Seats in professional institutes including medical, dental and polytechnic colleges, were also reserved for SC/ST/Social Castes members, the quota for which could not exceed 50%. Moreover, 50% of the SC/ST/Social Castes candidates selected must be female.
The Act also mandated that any resident appointed on the quota for people residing in backward area or an area adjoining Line of Actual Control must serve in such areas for at least seven years. If a person appointed on reservation basis declines to serve in such areas, he will be terminated from service. Moreover, people with an income exceeding three lakh rupees and or any amount decided by the State government cannot be classified as socially and educationally backward classes, hence cannot avail reservation.
Under the J&K government’s notified order, the following groups have been classified under SEBC/Social castes:
- Bach-hanjies and Shikarawalas excluding boat owners
- Fisherman including Gade Henz
- Markaban whose sole livelihood depends upon Markabani
- Villages porters (Kumars)
- Shaksaz
- Shoe repairers (working without the aid of machines)
- Bangies, Khakrobes (sweepers)
- Barbers (rural only)
- Village washerman
- Bhandz
- Mirases
- Madari/Bazigars
- Kulfaquir
- Dambalifaquir
- Doomb
- Shupriwatal
- Sansis
- Sikiligiris
- Jheewars
- Grati (rural only)
- Teeli (rural only)
- Lohars
- Turkans
While there are no Scheduled Castes listed in the Kashmir Valley, the following groups are listed as Scheduled Tribes — Balti, Bedah, Bot, Boto, Borkpa, Drokpa, Dard, Shin, Changpa, Garza, Mon, Pugapa, Gujjar, Bakerwal, Gaddi and Sippi. Currently these classes are eligible for reservation in J&K.
Previous amendments to J&K’s reservation
On June 24, 2019, one and a half months before Article 370 was revoked, Union Home Minister Amit Shah tabled the Jammu and Kashmir Reservation (Amendment) Bill, 2019. The Bill expanded the reservation in State government jobs, promotions and educational institutes to people living in areas adjoining the international border; such appointees must serve for seven years as well. These particular residents cannot avail reservation if their income exceeds three lakh rupees.
Later, on August 5, 2019, the Centre tabled and passed the Jammu and Kashmir Reservation (Second Amendment) Bill, 2019, in the Rajya Sabha, offering 10% reservation in jobs, promotions and admissions to economically weaker sections (EWS). These sections would be notified by the government based on the family’s annual income. However, the Bill was later withdrawn from the Upper House on August 7, 2019 as the Constitutional amendment providing reservation to EWS was applicable to union territories after revocation of Article 370.
In 2020, the Union territory (UT) government further amended the reservation policy to accord 4% quota to the Pahari community. The government also included 15 new classes under social castes — Waghey (Chopan), Ghirath/Bhati/ Chang, Jat, Saini, Markabans/PonyWalas, Sochi, Christian Biradari (converted from Hindu Valmiki), Sunar/Swarankar Teeli, Perna/Kouro, Bojru/Decount/ Dubdabay Brahmin Gorkans, Gorkhas, West Pakistani refugees and Acharyas — taking the total to 42 social castes, availing 4% reservation.
Prior to J&K losing its special status, the State reservation policy was 8% for SC, 10% for STs, 2% for social castes, 3% for residents along Line of Actual Control, 20% for residents from backward areas, 6% horizontal reservation for ex-servicemen and 3% for physically challenged people.
However, post-August 5, 2019, J&K — which was now being governed by the Centre — saw major changes in its reservation policy. The amendments reduced the quota enjoyed by residents in backward areas, added the EWS category, Pahari community and people residing along the onternational border. Currently, reservation stands at 8% for SC, 10% for STs, 4% for social castes, 4% for residents along line of actual control/international border, 10% for residents in backward areas, 4% for Paharis, 10% for EWS, 6% horizontal reservation for ex-servicemen and 4% for physically challenged people.
Jammu and Kashmir Reservation (Amendment) Bill, 2023
With the new amendment — the Jammu and Kashmir Reservation (Amendment) Bill, 2023 — the Centre proposes to replace the term ‘weak and under-privileged classes (social castes)’ with ‘other backward classes’ (OBC) in the Act. As per the National Commission for Backward classes (NCBC), the castes listed under SEBC/Social castes in the State government portal are listed as OBC in the central OBC list for J&K. In 2016, two new castes — Labana and Sheer-Gojries were added to the list, expanding the ambit of reservation.
Changes in the reservation policy has added 20 lakh J&K residents under its ambit including 11 lakh Paharis, 1.5 lakh Pakistani refugees and approximately 5 lakh people belonging to the 15 new classes under social castes. With reservation touching 60%, about 65 lakh people are now eligible to claim reservation. This bracket is set to further expand with the inclusion of OBCs in the reservation policy.
Nationally, OBCs have been accorded 27% reservation; however, there is no reservation for OBCs in J&K and most OBC communities have been listed under SEBC.
The Constitution (Jammu and Kashmir) Scheduled Tribes Order (Amendment) Bill, 2023
In a bid to further woo the influential Pahari community, the Modi government seeks to include the Pahari speaking people under its ST list via this Bill, opening up the 10% reservation in the State. Since 1975, the Pahari community has been demanding to be classified as ST.
In 2018, the State Advisory Board for Development of Pahari Speaking People (J&K) conducted a survey of the Paharis residing in J&K. While the community is spread across the State, they are in majority in the Pir Panjal area comprising Poonch and Rajouri districts. In the Kashmir valley, Paharis live in pockets of Baramulla, Kupwara, Anantnag, Kulgam, Shopian, Pulwama, Budgam, Ganderbal and Bandipora.
As per the survey, 10,22,982 Paharis reside in J&K, amounting to 8.16% of the State’s population (including Ladakh). Of these 8,60,409 Paharis live in Rajouri, 2,67,194 in Poonch, 1,41,157 in Baramulla and 1,03,082 in Kupwara. Incidentally, the recently concluded delimitation exercise in the UT has resulted in reserved seats for STs in Budhal, Gulabgarh, Surankote, Rajouri, Mendhar, and Thanamandi – places where Paharis live in sizable population. With the community added to the ST list, they can contest such seats for elections.
The Constitution (Jammu and Kashmir) Scheduled Castes Order (Amendment) Bill, 2023
This bill targets yet another community – the Valmikis. The constitutional amendment seeks to add the Valmiki community to J&K’s Scheduled Castes list, opening up the 8% reservation. The Valmikis were granted domicile status only in 2020, almost sixty years after they migrated to J&K. In 1957, over 3000 members of the Valmiki community migrated from Punjab’s Gurdaspur after a strike by safai karamcharis (sanitation workers) in Jammu.
The community mainly lives in colonies in and around Jammu city. It was deprived of the right to vote, higher education, State scholarship, and jobs despite owning land for over six decades in Jammu. With the revocation of Article 370, the members of the community voted for the first time in the 2020 local elections after receiving domicile certificates. With the addition of Valmikis to the State SC list, they can avail 8% reservation in State jobs, promotion and educational institutes.
