Latief U Zaman Deva
The 103rd Constitutional Amendment Act 2019 paved the way to 10% reservations for EWS solely on the planks of their economic status which was also subsequently upheld by the Apex Court by majority decision in Janhit Abhiyaan V/s Union of India and others.
The eligibility for EWS Certificate inter-alia disentitles a candidate to it in case he including his family owns a residential Flat of 1000 Sq.ft or more . In Kashmir and Chenab Valley, regardless of the economic status, an absolute majority of the families would settle for two to three storey residential abodes. During winters Basement/ Ground floor used while for greater durations in a year the inmates shifted to upper storey. The photographs of cluster of dwelling units dating back to 19th century substantiate the stand point excepting the variety in the classification of the structures. Call them down trodden or poorest of poor yet even a shanty type structure presents outlook of more than one level of floor.
The Multidimensional Poverty Index (MPI) 2022-23, covering twelve indicators under three core dimensions of a) standard of living b) Education and c) Health, pegs poverty to have dropped to 6.10% from 16.37% ( 2013-14) in Rural Areas and 1.09% from 3.51% in Urban Areas of J&K. The Targeted public distribution system & implementation of the National Food Security Act ( NFSA) 2013 suggest coverage of 24.78 lakh families in J&K which on break up reveals that Poorest of poor (Antyodaya Anna Yojana -AAY) constitute 8.81% of the population, 58.21% Priority Households (PHH), 31.72% Non- Priority Households and 1.26 % others. Out of 2,18,511 families/ Ration card Holders covered under AAY (2026-27) 65.87 % & under PHH from out of 1442092 families/ Ration Card Holders 53.21% are in Kashmir Division. Comparing the combined rural & urban poverty percentage under MPI with magnitude of identified recipient families at least under AAY no major variation is noticeable. Should the variables under MPI based for working out percentage of people below poverty -line be capitalised it would manifest a wafer thin increase in yearly incomes viz thresholds suggested by Rangarajan Committee way back in 2012.
The conditions for entitlement to a EWS Certificate aren’t based on collection and collation of the data at macro level otherwise the inputs from J&K would have brought home to mandarins concerned the minimum built up areas of residential Units in large parts of the UT due to historical legacies notwithstanding the abysmal economic status of the otherwise eligible candidate families. I wouldn’t go to the extent of calling the approach to lay down the eligibility as structured discrimination or mala- fidee disentitlement but visibly smacks of the lack of a holistic methodology in fixing the criteria. Why should 65.87 % families under AAY in the UT be deprived of the benefits of EWS reservations for reasons of exceeding the prescribed limits on inherited residential abodes whose yearly incomes currently are far less than Eight lakhs or force them to circumvent the restrictions by demolishing the excess built up areas and claim entitlement ? A family in J&K owning forty kanals of land, be it agricultural or fruit bearing orchard, can exceed gross income moratorium but not necessarily in rest of the Country. A uniform criteria in such circumstances and situations is just an adage of one size fits all & therefore through legislation States/UTs may be empowered by Union Govtt to modify the criterion for reasons to be notified before carrying out amendments.
The Local Govtt should take it up with union Govtt who on satisfaction can bring it into notice of the Supreme Court for orders.
The author is IAS ( Retd) & former Chairman J&K Public Service Commission and presently Advocate.
