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43-502: The J&K Socially Economically Backward Classes Commission constituted by the Government of Jammu and Kashmir in 2020 in its report has recommended to renaming the group 'Pahari Speaking People' (who speak Pothowari dialects fall under Lahnda Western Punjabi) with the substitute nomenclature 'Pahari Ethnic Group' in terms of provisions that grant Reservation to them, as PSP, under J&K Reservation Rules 2004 and accordingly,

86-445: A dialogue. The Gujjars argue that majority of Pahari Speaking People belongs to upper class Muslims such as Syeds , Qazi , Per, Beg , Raja, Malik, Mirza, Khan, Mughals , Rajputs , Kashmiris and upper caste Sikhs, Hindus including Brahmins , Rajputs , Mahajans and they do not face any social stigma or caste inequality like Gujjars , Bakerwals , Gaddis and other tribes of Jammu and Kashmir do. They said as per 2011 census

129-567: A notification issued under the said clause shall not be varied by any subsequent notification. Article 342 (1) The President may with respect to any State or Union Territory and where it is a State, after consultation with the Governor thereof by public notification, specify the tribes or tribal communities or parts of or groups within tribes or tribal communities which shall for the purpose of this Constitution be deemed to be Scheduled Tribes in relation to that State or Union Territory, as

172-493: A targeted flow of funds and associated benefits from the annual plan of states and Union Territories (UTs) in at least a proportion to the national SC population. Twenty-seven states and UTs with sizable SC populations are implementing the plan. Although the Scheduled Castes population according to the 2001 Census was 16.66 crores (16.23% of the total population), the allocations made through SCSP have been lower than

215-545: The Constitution (Scheduled Tribes) Order, 1950 lists 744 tribes across 22 states in its First Schedule. Since the independence of India, the Scheduled Castes and Scheduled Tribes were given Reservation status , guaranteeing political representation, preference in promotion, quota in universities, free and stipended education, scholarships, banking services, various government schemes and the Constitution lays down

258-587: The State List of the Constitution of India except "public order" and "police", which will remain the preserve of the central Government of India . The Lieutenant Governor also has the power to promulgate ordinances which have the same force as the acts of the legislative assembly. The most recent election for the Jammu and Kashmir Legislative Assembly was held in September and October 2024 . The membership of

301-855: The British-administered provinces. After independence the Constituent Assembly continued the prevailing definition of Scheduled Castes and Tribes, giving (via articles 341 and 342) the president of India and governors of the states a mandate to compile a full listing of castes and tribes (with the power to edit it later, as required). The complete list of castes and tribes was made via two orders: The Constitution (Scheduled Castes) Order, 1950 and The Constitution (Scheduled Tribes) Order, 1950 , respectively. Which are derived from colonial list and first updated in Scheduled Castes and Scheduled Tribes Lists (Modification) Order, 1956. Furthermore, independent India's quest for inclusivity

344-558: The J&;K government has issued instructions on October 19, 2022 and replaced 'Pahari Speaking People' with 'Pahari Ethnic Group' , which tends to identify them as an ethnic group to be brought under the purview of the Schedule of Tribes under the Constitution of India . ST status was granted to Pahari Speaking People' (who speak Pothowari dialects fall under Lahnda Western Punjabi) through an Act passed by Parliament. On 26 July 2023,

387-596: The Scheduled Tribes are often referred to as Adivasi (earliest inhabitants), Vanvasi (inhabitants of forest) and Vanyajati (people of forest). However, the Government of India refrains from using derogatory and anthropologically incorrect terms. Instead, it uses the terms Anusuchit Jati (Scheduled Caste) and Anusuchit Janjati (Scheduled Tribe), as defined by the Constitution of India , for Scheduled Castes and Scheduled Tribes. In September 2018,

430-498: The Scheduled Tribes is defined as: Such tribes or tribal communities or part of or groups within such tribes or tribal communities as are deemed under Article 342 to the Scheduled Tribes for the purposes of this [Indian] Constitution. Article 341 (1) The President may with respect to any State or Union Territory and where it is a State after consultation with the Governor thereof, by public notification specify

473-636: The Varna system. Since the 1850s, these communities were loosely referred to as Depressed Classes, with the Scheduled Castes and Scheduled Tribes. The early 20th century saw a flurry of activity in the British authorities assessing the feasibility of responsible self-government for India. The Morley–Minto Reforms Report , Montagu–Chelmsford Reforms Report and the Simon Commission were several initiatives in this context. A highly contested issue in

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516-485: The advice of the central government. His or her post is largely ceremonial. The chief minister , is the head of government and chairs a council of ministers. A Council of Ministers led by a Chief Minister is appointed by the Lieutenant Governor from the membership of the legislative assembly. Their role is to advise the Lieutenant Governor in the exercise of functions in matters under the jurisdiction of

559-611: The assembly by party is as follows: The union territory is under the jurisdiction of the High Court of Jammu and Kashmir and Ladakh , which also serves as high court for neighbouring Ladakh. Police services are provided by the Jammu and Kashmir Police . Jammu and Kashmir is divided into two divisions , Jammu Division and Kashmir Division which are further divided into 20 districts . The districts elect 14 member District Development Councils . In 2018, Jammu and Kashmir Infrastructure Development Finance Corporation (JKIDFC)

602-805: The bill to add Pahari Ethnic Group along with the Paddari Tribe, Koli and Gadda Brahman in the existing list of scheduled tribes in Jammu and Kashmir was introduced in the Lok Sabha . The bill was taken into consideration on February 6, 2024 and was passed the same day. The bill was further passed from the Rajya Sabha on February 9. The Act of Parliament received the President's Assent on the Constitution (Jammu and Kashmir) Scheduled Tribes Order (Amendment) Act, 2024. A gazette notification in this regard

645-412: The case may be. (2) Parliament may by law include in or exclude from the list of Scheduled Tribes specified in a notification issued under clause any tribe or tribal community or part of or group within any tribe or tribal community, but save as aforesaid a notification issued under the said clause shall not be varied by any subsequent notification. In a broader sense, the term 'Scheduled' refers to

688-470: The castes, races or tribes or parts of or groups within castes, races or tribes which shall for the purposes of this Constitution be deemed to be Scheduled Castes in relation to that State or Union Territory, as the case may be. (2) Parliament may by law include in or exclude from the list of Scheduled Castes specified in a notification issued under clause of any caste, race or tribe or part of or group within any caste, race or tribe, but save as aforesaid

731-568: The commission established by the Ministry of Welfare's Resolution of 1989. In 2003, the Constitution was again amended to divide the National Commission for Scheduled Castes and Scheduled Tribes into two commissions: the National Commission for Scheduled Castes and the National Commission for Scheduled Tribes. Due to the spread of Christianity and Islam among scheduled caste communities, the converted individuals are not protected under

774-524: The development of Pahari Speaking People in 1989 for the welfare of Pahari People. Nevertheless, core demands – like that for a Scheduled Tribe status and the associated affirmative action benefits – were not met (until 2024). In 1989, the Government of Jammu and Kashmir recommended to the Union Government of India that the Paharis of Kashmir should be granted such status, and this recommendation

817-577: The former state of Jammu and Kashmir in October 2019, the government operates under the framework of the Indian constitution . The union territory comprises two divisions— Jammu and Kashmir —with different cultural and geographical characteristics. Jammu and Kashmir is a union territory in India under the terms of Article 239A (which was initially applied to Puducherry and is now also applicable to

860-414: The general principles of positive discrimination for SCs and STs.   As per Article 366 (24) of Constitution of India the Scheduled Castes is defined as: Such castes , races or tribes or part of or groups within such castes, races or tribes as are deemed under Article 341 to be Scheduled Castes for the purpose of this [Indian] constitution. As per Article 366 (25) of Constitution of India

903-510: The government "issued an advisory to all private satellite channels asking them to refrain from using the derogatory nomenclature 'Dalit', though rights groups and intellectuals have come out against any shift from 'Dalit' in popular usage". The Scheduled Castes and Scheduled Tribes comprise about 16.6% and 8.6%, respectively, of India's population (according to the 2011 census ). The Constitution (Scheduled Castes) Order, 1950 lists 1,108 castes across 28 states in its First Schedule, and

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946-574: The government on broad policy issues and the development levels of SCs and STs. Now it is included in Article 342. In 1990, Article 338 was amended for the National Commission for SCs and STs with the Constitution (Sixty fifth Amendment) Bill, 1990 . The first commission under the 65th Amendment was constituted in March 1992, replacing the Commissioner for Scheduled Castes and Scheduled Tribes and

989-707: The larger community, and overall backwardness. The scheduling process refers back to the definitions of communities used in the colonial census along with modern anthropological study and is guided by Article 341 and 342 . Per the first clause of Article 341 and 342 , the list of Scheduled communities is subject to specific state and union territory , with area restrictions to districts , subdistricts , and tehsils . Furthermore, members of Scheduled Communities are entitled based on religious criteria: Scheduled Castes must be adherents of Hinduism , Sikhism , or Buddhism , whereas Scheduled Tribes can belong to any religion to be recognized as Scheduled. The evolution of

1032-419: The legal list of specific castes and tribes of the states and union territories, as enacted in the Constitution of India , with the purpose of social justice by ensuring social security, and providing adequate representation in education, employment, and governance to promote their upliftment and integration into mainstream society. The process of including and excluding communities, castes, or tribes to/from

1075-399: The legislative assembly. In other matters, the Lieutenant Governor is empowered to act in his own capacity. The council of ministers formed after the 2024 Jammu and Kashmir Legislative Assembly election is as follows: The legislative branch is of government is a unicameral legislative assembly, whose tenure is five years. The legislative assembly may make laws for any of the matters in

1118-520: The list of Scheduled Castes and Scheduled Tribes adheres to certain silent criteria and procedures established by the Lokur committee in 1965. For Scheduled Castes (SCs), the criteria involve extreme social, educational, and economic backwardness resulting from the practice of untouchability . On the other hand, Scheduled Tribes (STs) are identified based on indications of primitive traits, distinctive culture, geographical isolation, shyness of contact with

1161-1004: The literacy rate among Scheduled Tribes of J&K is 50% and 59% in STs across India but in Pahari Speaking People especially in Poonch, Rajouri districts it is 68% and if Paharis entered into ST status the existing tribes will get affected adversely. The Gujjars further arguing that the 'Pahari Speaking People' do not belong to a Socially, Economically and Educationally backward class like Gujjars, Bakarwals, Gaddis, Sippis and Shina who are in ST list of J&K. Gujjars are opposing ST status to Paharis as they believe Paharis are already enjoying 4% reservation under Actual Control Line habitat, 10% under RBA, 4% under Other Social Castes, 10% under Economically Weaker Section, 4% under Pahari Speaking besides 48% General Category and now they are trying to get

1204-614: The lower caste into the modern-day Scheduled Castes is complex. The caste system as a stratification of classes in India originated about 2,000 years ago, and has been influenced by dynasties and ruling elites, including the Mughal Empire and the British Raj. The Hindu concept of Varna historically incorporated occupation-based communities. Some low-caste groups, such as those formerly called untouchables who constitute modern-day Scheduled Castes, were considered outside

1247-728: The move to grant Scheduled Tribe status to 'Pahari Speaking People' on the basis of (Pahari) Language. The Gujjars are of the view that such a move will dilute their share of reservation in the UT of J&K. In order to oppose the demand of ST to Paharis, the tribal Gujjar youth started foot March in November 2022.After 21 days struggle the Joint Action Committee was invited by the Home Minister of India in New Delhi for

1290-690: The period of British rule in the Indian subcontinent , they were known as the Depressed Classes. In modern literature, many castes under the Scheduled Castes category are sometimes referred to as Dalit , meaning "broken" or "dispersed" for the untouchables. The term having been popularised by the Dalit leader B. R. Ambedkar during the independence struggle. Ambedkar preferred the term Dalit over Gandhi 's term Harijan , meaning "people of Hari " ( lit.   ' Man of God ' ). Similarly,

1333-646: The president. Seventeen regional offices of the Commissioner were established throughout the country. There was an initiative to replace the Commissioner with a committee in the 48th Amendment to the Constitution, changing Article 338. While the amendment was being debated, the Ministry of Welfare established the first committee for SCs and STs (with the functions of the Commissioner) in August 1978. These functions were modified in September 1987 to include advising

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1376-498: The proportional population. A strange factor has emerged of extremely lowered fertility of scheduled castes in Kerala , due to land reform, migrating ( Kerala Gulf diaspora ) and democratization of education. In the original Constitution, Article 338 provided for a special officer (the Commissioner for SCs and STs) responsible for monitoring the implementation of constitutional and legislative safeguards for SCs and STs and reporting to

1419-496: The proposed reforms was the reservation of seats for representation of the Depressed Classes in provincial and central legislatures. In 1935, the UK Parliament passed the Government of India Act 1935 , designed to give Indian provinces greater self-rule and set up a national federal structure. The reservation of seats for the Depressed Classes was incorporated into the act, which came into force in 1937. The Act introduced

1462-578: The safeguards built into the Constitution and other legislation, the Constitution under Articles 338 and 338A provides for two constitutional commissions: the National Commission for Scheduled Castes , and the National Commission for Scheduled Tribes . The chairpersons of both commissions sit ex officio on the National Human Rights Commission . The Constitution provides a three-pronged strategy to improve

1505-682: The share in 10% granted to Gujjars under ST. Meanwhile a number of organisations of displaced communities consisting of West Pakistan refugees who were exiled during partition now residing primarily in Jammu have been struggling and demanding ST status for them as they are also Paharis. In addition to this, they are urging for a share in 4% reservations in Govt Jobs/ Admissions granted to 'Pahari Speaking People' as these communities belongs to same clans of PSP and they speaks Pahari dialects fall under Lahnda Group. The Government of Jammu and Kashmir has established an Advisory Board for

1548-401: The situation of SCs and STs: The Scheduled Castes Sub-Plan (SCSP) of 1979 mandated a planning process for the social, economic and educational development of Scheduled Castes and improvement in their working and living conditions. It was an umbrella strategy, ensuring the flow of targeted financial and physical benefits from the general sector of development to the Scheduled Castes. It entailed

1591-538: The term "Scheduled Castes", defining the group as "such castes, parts of groups within castes, which appear to His Majesty in Council to correspond to the classes of persons formerly known as the 'Depressed Classes', as His Majesty in Council may prefer". This discretionary definition was clarified in The Government of India (Scheduled Castes) Order, 1936 , which contained a list (or Schedule) of castes throughout

1634-415: The two constitutes the "genuine Paharis" with a more disadvantaged status, and therefore stronger claim to receiving the benefits of the reservation policy. Government of Jammu and Kashmir The Government of Jammu and Kashmir is the principal administrative authority responsible for the governance of the Indian union territory of Jammu and Kashmir . Established after the reorganization of

1677-403: The union territory as per the Jammu and Kashmir Reorganisation Act, 2019 ) of the Constitution of India . Jammu and Kashmir has executive , legislative and judicial branches of government. Srinagar and Jammu are the summer and winter capitals of Jammu and Kashmir respectively. The head of state of Jammu and Kashmir is a lieutenant governor , appointed by the president of India on

1720-431: Was incident through the appointment of B. R. Ambedkar as the chairman of the drafting committee for the Constitution. Ambedkar was a scheduled caste constitutional lawyer, a member of the low caste. After 15 years since the first amendment listing Scheduled Castes and Scheduled Tribes, the government adopted updated criteria for inclusion and exclusion based on the Lokur committee report of 1965. To effectively implement

1763-523: Was issued by the Ministry of Law and Justice states on 12 February 2024. The Pahari people are mainly referred to two groups: The Gujjars who have been already listed as Scheduled Tribes in Jammu and Kashmir in 1991 are opposing grant of ST status and other similar benefits to the Pahari Speaking People of J&K with the argument that such a step will dilute the entire Scheduled Tribe status. They (Gujjars) are constantly countering

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1806-491: Was reiterated in 1994 by the governor of Jammu and Kashmir and the chief ministers of the state. In April 2020, the government of Jammu and Kashmir granted to "Pahari-speaking people" four percent reservation for direct recruitment and admission and distribution of seats in professional institutions. This has sparked disagreements between representatives of the two unrelated "Pahari" communities – those of eastern Kashmir and those of mountains of western Jammu – as to which group of

1849-461: Was set-up to speed up languishing infrastructure development in the union territory. Scheduled Tribe The Scheduled Castes and Scheduled Tribes are officially designated groups of people and among the most disadvantaged socio-economic groups in India . The terms are recognized in the Constitution of India and the groups are designated in one or other of the categories. For much of

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