ST body seeks clarification on nine reserved Assembly seats in J&K

Nine seats are reserved seats for Scheduled Tribes community in the Union Territory.

Jammu: Ahead of Assembly polls in Jammu and Kashmir, a group representing Scheduled Tribes (ST) has sought a clarification from the Centre on the nine reserved seats for them in the Union Territory, given induction of four more groups in the list early this year.

The All Jammu and Kashmir Gujjar-Bakerwal organization co-ordination committee (AJKGBOCC) said the reservation of nine seats is meant for a dozen communities declared as STs in 1989 and 1991 based on the delimitation commission report of 2022 and the ST population as per 2011 census.

In February, the Lok Sabha passed the Constitution (Jammu and Kashmir) Scheduled Tribes Order (Amendment) Bill, 2024, adding four communities -- Gadda Brahmin, Koli, Paddari Tribe, and Pahari Ethnic Group -- to the list of ST in Jammu and Kashmir.

The Jammu and Kashmir government subsequently approved 10 per cent reservation for Paharis and three other tribes, taking the total reservations under the ST category to 20 per cent in accordance to the assurance of the J&K Lt Governor Manoj Sinha that there will be no change in the reservation policy of earlier ST-declared groups after the addition of four new communities to the list.

AJKGBOCC chairman Mohd Anwar Chowdhary said confusion is prevailing within the ST communities after the Election Commission announced three-phased elections, beginning September 18, with certain leaders from newly inducted ST communities expressing their desire to fight the elections from the ST reserved seats.

“We want the government to come out with a clarification as soon as possible…We strongly believe that only the ST groups classified as ST-I are eligible to contest the reserved ST seats in the Jammu and Kashmir Assembly elections,” he said.

He said the Jammu and Kashmir Reorganisation Act, 2019 was passed by Parliament in August 2019, bifurcating the state of Jammu and Kashmir into the Union Territories of Jammu and Kashmir, and Ladakh and extended national laws to the region.

As per the act, a delimitation commission, which was constituted in March 2020, submitted its report which came into force on May 20, 2022, reserving nine seats for STs and seven for Scheduled Castes among the total 90 seats.

Chowdhary said the sub-classification was enforced by the Jammu and Kashmir Government, with newly entered groups classified as ST-II with an additional 10 per cent reservation.

ST-I group comprises 12 tribes declared ST in 1989 and 1991 while ST-II comprises newly entered groups.

“Under the aforementioned provision, individuals classified under ST-II are not eligible to apply for reserved Assembly seats allocated to ST-I, and vice versa,” he said, adding it is crucial to clarify that the reserved constituencies for STs were based on the population of ST-I group of 12 tribes declared ST in 1989 and 1991.

He said the nine reserved constituencies which were reserved for ST-I should, therefore, remain exclusively for the ST-I groups to ensure their rightful representation.

Chowdhary said though the top BJP leadership and the Lt Governor have time and again assured the community that their reservation will not be diluted, particularly the rights of Gujjar-Bakarwals, the government should keep its word, failing which confidence of the people particularly of ST and SCs shall get shattered.

He said they have already forwarded representation to the Election Commission, central government and Lt Governor-led J-K administration, seeking an immediate clarification.