By Latief U Zaman Deva
Out of the total tribal population of 1.275 million (Census 2011), 36.41% hail from the Kashmir Division and 9.18% from the Chenab Valley. In the recruitment for gazetted posts and equivalents, it is rare to find selected candidates from these two regions, except for those from Shina and Balti backgrounds. The chaotic outcome in appointments for non-gazetted jobs has resulted in selected candidates predominantly from Poonch, Rajouri, and Jammu Districts, with scant representation of locals, even for Class IV posts.
Thanks to decentralization and cadre formation at district and divisional levels, along with weighting that favors familiarity with respective districts and divisions, the situation is not as alarming; however, it does necessitate codification on solid grounds to enable all regions to have a fair share of employment opportunities. The sub-categorization for the most backward individuals within various tribes can be implemented based on quantifiable data from a special survey.
The sub-category could include Gujjar and Bakarwal from temperate regions, proportionate to their population. Some castes of Gujjar and Bakarwal domiciled in J&K are considered Pothwari, with Iranian royal ancestry, such as the Keyani lineage. While most scholars from the community attribute their origin to Russia and Georgia, their counterparts in mainland India hold contrary views.
The Sippi and Gaddi are professional shepherds and ethnic Dogras influenced by Pahari habitats; they were declared Scheduled Tribes (ST) during 1991, to the exclusion of Chopans (Koshur), who migrate to highland meadows for grazing in summer and return to foothills and local plains during other periods. They also qualify for ST status based on the analogy of the two aforementioned caste-based professions, but they have been denied so far.
Under The Constitution (J&K) Scheduled Tribes Order (Amendment) Act 2024, Gadda Brahmin, Koli, Paddari tribe, and Pahari Ethnic Group have been declared as Scheduled Tribes in J&K for the purpose of the Indian Constitution. No Union Territory-level survey was conducted to identify tribes or sub-tribes for consideration for the grant of ST status. During the 2011 Census, it was the Scheduled Castes and Scheduled Tribes (I) that were enumerated as such. In the Mother Tongue count of Census 2011, it was Pahari-speaking people, not the Pahari ethnic group, who were counted as 977,692, i.e., 8% of the UT population. By fixing a reservation at 10% for STs, it appears that the population of Gadda Brahmin, Koli, and Paddari exceeds 220,000, which seems unlikely considering ground-level demographic information. Clarification from the BCC is required on whether this figure relates to the population from the 2011 Census or to its state during 2023/2024. All non-Pahari populations who, before the demand for ST status gained momentum, proudly identified themselves as Koshur, Dogra, and Punjabi during door-to-door census counts conducted prior to the 1981 Census.
Having settled in the Peer Panchal region centuries ago, these migrants assimilated with locals who were predominantly Pahari-speaking and from West Punjab, largely landlords, chieftains, and traders. This assimilation established a social contract between them and the new arrivals from Kashmir and surrounding Dogra principalities. The Gujjar and Bakarwal, being peasant and landless labor forces, could not attract the attention of the new non-Pahari migrants. The Pahari/Pothwari are largely scattered across the Rawalpindi Division of Pakistani Punjab and the Pothohar plateau, as well as along the Mirpur-Poonch-Muzaffarabad track on both sides of the Line of Control (LOC). Most of these people trace their ancestry to the Middle East, while others, particularly non-Muslims, link their heritage to the Indo-Gangetic civilizations. However, there is now greater agreement among scholars that Pahari people are Indo-Aryan ethnic groups native to Pothwar.
In Ladakh, Kashmiri people who have settled for over 700 years have merged with locals through language and matrimonial relationships and are called “Argon.” They are not eligible for ST status, as they are not included in the 12 tribes and sub-tribes notified as STs. Out of the total population of 133,487 in Leh and 140,802 in Kargil, the ST population in these two districts is 95,857 and 122,336, respectively. Hence, defining Pahari as an ethnicity cannot be delayed for long; otherwise, this language-speaking population, as their mother tongue, may outnumber the genuine Pahari ethnic population in the distant future.
Gadda Brahmin essentially falls within the Brahmin hierarchy and performs religious rites, while Koli are farmers—both embodying Dogra ethnicity. What about the counterparts of these two classes living in the UT, who share almost all commonalities except for their faith? How do these individuals, including their Muslim and Punjabi counterparts in non-Dogra regions, fulfill the criteria that span factors of indigenousness, primitive traits, geographic isolation, economic backwardness, social distinctiveness, and shyness of contact, which have been laid down for accepting claims for the grant of ST status?
Statutory Position in J&K
The J&K Reservation Act 2005, in conjunction with the J&K Reservation (Amendment) Act 2023, and the J&K Reservation Rules 2005, amended by SO176 dated March 15, 2024, govern reservations in services and admission to professional courses in the Union Territory of J&K. The quota for jobs is set at 20% for STs, 8% for SCs, 8% for Other Backward Classes (OBCs), 10% for Resident of Backward Areas (RBAs), and 4% for Line of Control/Internal Border residents. Additionally, there is a 10% reservation for Economically Weaker Sections (EWS) from the General Category, not including STs, SCs, OBCs, RBAs, and LOC/IB. The General category has a reservation of 40%. Horizontal reservations for Persons with Disabilities amount to 4% and for Ex-servicemen to 6%.
Relevance of Indo-Pak Borders
The Anand Committee, instead of including border areas or villages declared socially and educationally backward, opted to create a separate nomenclature for them primarily due to the adverse effects on the people arising from the division of families and habitations caused by the Line of Actual Control (LOC). This has been accompanied by uncertainty about the future and frequent skirmishes (which have created a war-like scenario since 1990) between Indian and Pakistani forces, unleashing untold hardships for residents, including negative impacts on the education of children and other students. By leveraging settled and peaceful International Borders (IB) alongside the LOC, conditions for residents from the former have become tougher due to the incompatibility of the two. The Kashmir Division and Chenab Valley, based on official data, have lost about 45,000 lives, with thousands more disabled and injured, resulting in almost five cumulative working years lost over thirty years since 1990 due to militancy, operations, and strikes. The example set by the IBs would pale in comparison to the entitlements of candidates from the two regions who, against all odds, have survived, spurned militancy, and attained education in highly disturbed security environments. This may set a bad precedent, but it could become an unchallengeable argument for similar applications to residents/domiciles of Northeast India and West Bengal sharing borders with Bangladesh, as well as Punjab, Rajasthan, and Gujarat bordering Pakistan.
Assessing EWS
An equally complex dimension of this policy involves the Economically Weaker Sections (EWS) certification process, which presents potential manipulation risks, particularly in assessing business and agricultural incomes.
An individual can be eligible for an EWS Certificate provided the following conditions are met:
I) The individual should not belong to any category entitled to reservations.
II) The annual family income from all sources, including agriculture, business, and salary, should be less than eight lakhs.
III) The applicant’s family should not own more than five acres of agricultural land (40 kanals).
IV) If applicable, the applicant’s family residential flat should be less than 1,000 sq. ft.
V) The applicant’s family residential plot should be less than 100 sq. yards (3.3 Marla) within notified Municipalities and less than 200 sq. yards (6.6 Marla) outside the notified Municipalities.
The assessment of agricultural income reveals extraordinary complexity. An overwhelming 83.78% of landholdings in J&K are considered marginal, representing 47.17% of cultivated area. Significant variations in crop yields and income potential create substantial challenges in accurately determining economic status. Factors such as orchard production can fluctuate dramatically between bumper and lean years, further complicating income assessments. However, in its application to J&K, a solid case can be made for reducing the upper limit for land ownership from five acres to three acres.
Furthermore, income certificates may be manipulated by entrepreneurs in the absence of mechanisms for verifying and assessing incomes, including assets and properties.
(The author is IAS (Retd), former Chairman J&K Public Service Commission & Advocate at Srinagar)
