Excelsior Correspondent
JAMMU, July 26: The Central Government today introduced four bills pertaining to Jammu and Kashmir in Lok Sabha including the one which proposed nomination of two members from Kashmiri migrant community, one of them woman, and a PoJK refugee to the UT Legislative Assembly while other bill propose to revise Schedule Tribes (STs) list.
Another bill proposed to change nomenclature of Social Castes to Other Backward Classes (OBCs) while fourth legislation seeks to include Valmiki community as a synonym of Chura, Bhangi, Valmiki, and Mehtar in the list of Scheduled Castes (SCs) in J&K.
A bill to nominate two members, including a woman, from the Kashmiri migrant community and one member from the displaced persons from Pakistan occupied Kashmir (PoJK) to the Legislative Assembly of Jammu and Kashmir was introduced in Lok Sabha today.
Introducing the bill on behalf of Union Home Minister Amit Shah, Union Minister of State for Home Nityanand Rai said the bill provides for representation of Kashmiri migrants, displaced persons from PoK and Scheduled Tribes in the Legislative Assembly of Jammu and Kashmir so as to preserve their political rights as well as their overall social and economic development.
Hasnain Masoodi of the National Conference opposed the introduction of the measure claiming that the Reorganisation Act is a “constitutionally suspect law”.
He said the matter is sub judice as the Supreme Court is examining the matter. “It is against Constitutional propriety to amend an Act which is under judicial scrutiny,” he said.
“The Jammu and Kashmir Reorganisation (Amendment) Bill, 2023 provides for the following, namely: to insert new sections 15A and 15B in the Act so as to nominate not more than two members, one of whom shall be a woman, from the community of Kashmiri migrants, and one member from Displaced Persons from Pakistan occupied Jammu and Kashmir, to the Legislative Assembly of the Union territory of Jammu and Kashmir; and amendments to sub-sections (3) and (10) of section 14 of the Act which are of consequential in view of completion of delimitation process in the Union territory of Jammu and Kashmir,” according to the statement of objects and reasons.
The Jammu and Kashmir Reorganisation Act, 2019 (34 of 2019) was enacted with for the reorganisation of the erstwhile State of Jammu and Kashmir, which was bifurcated into Union Territories of Jammu and Kashmir and Ladakh.
The statement of objects and reasons noted that at the time of the militancy in the erstwhile State of Jammu and Kashmir in the late 1980s, particularly in Kashmir in 1989-90, a large number of people migrated from their ancestral places of residence in Kashmir province, particularly the Kashmiri Hindus and Pandits along with a few families belonging to Sikh and Muslim communities.
Initially, all the migrants were moved to Jammu. Later on, some migrants chose to go to other parts of the country, namely Delhi, Bengaluru and Pune. As per the data available with the Government of Jammu and Kashmir, there are currently 46,517 families having 1,58,976 persons registered with the Relief Organisation of the Government of Jammu and Kashmir, who have got registered over a period of last three decades.
In the wake of the 1947 Pakistani aggression in Jammu and Kashmir, 31,779 families migrated from Pakistan occupied areas of Jammu and Kashmir to the erstwhile State of Jammu and Kashmir.
Of these, 26,319 families settled in the erstwhile State of Jammu and Kashmir and the remaining 5,460 moved out of Jammu and Kashmir to other parts of the country.
Further, during the Indo-Pak wars of 1965 and 1971, 10,065 more families were displaced from Chhamb Niabat area. Of these, 3,500 families were displaced during the 1965 war and 6,565 families during the 1971 war.
As such, a total of 41,844 families were displaced during 1947-48, 1965 and 1971 Indo-Pak wars, according to the statement of objects and reasons.
The Delimitation Commission, while undertaking the delimitation process of Assembly and Parliamentary constituencies in the Union Territory of Jammu and Kashmir, received many representations from the Kashmiri migrants as well as from the displaced persons from Pakistan occupied Jammu and Kashmir regarding reservation of seats in the Legislative Assembly of the Union Territory of Jammu and Kashmir to preserve their political rights and identity, they said.
The delimitation commission, after considering the matter in depth, recommended for representation of communities of Kashmiri migrants and displaced persons from Pakistan occupied Jammu and Kashmir in the Legislative Assembly of the Union Territory of Jammu and Kashmir by way of nomination, noted the statement of objects and reasons.
As per Sub-section (4) of Section 14 of the Jammu and Kashmir Reorganisation Act, 2019, 24 seats in the Legislative Assembly have been reserved for the people residing in the area of the Union Jammu and Kashmir under illegal occupation of Pakistan.
The said seats shall remain vacant until the area under the occupation of Pakistan ceases to be occupied and the people residing in that area elect their representatives.
The representation of the Kashmiri migrants and the displaced persons from Pakistan occupied Jammu and Kashmir in the Legislative Assembly of the Union Territory of Jammu and Kashmir shall be given on lines of section 15 of the Act, which provides for the representation of women, according to the statement of objects and reasons.
On completion of delimitation process, the Delimitation Commission had published orders with regard to the delimitation of the Assembly and Parliamentary constituencies of Jammu and Kashmir. As per these orders, the number of seats in the Legislative Assembly of Jammu and Kashmir has been increased from 107 to 114 with reservation of nine seats for Scheduled Tribes for the first time.
Meanwhile, another bill to change the nomenclature of a section of people who are eligible for reservation in appointment and admission in professional institutions in Jammu and Kashmir was introduced in the Lok Sabha today.
The Jammu and Kashmir Reservation (Amendment) Bill, 2023, will change the nomenclature of “weak and underprivileged classes (Social Castes)” to “Other Backward Classes” for getting reservation benefits in the Union Territory, according to the statement of objects and reasons of the bill.
This bill was also introduced in the House by Union Minister of State for Home Nityanand Rai, on behalf of Union Home Minister Amit Shah.
According to the statement of objects and reasons of the bill, Jammu and Kashmir Reservation Act, 2004 (Jammu and Kashmir Act XIV of 2004) was enacted to provide for reservation in appointment and admission in professional institutions for the members of the Scheduled Castes, the Scheduled Tribes and other socially and educationally backward classes.
In terms of Sub-section (2) of Section 95 of the Jammu and Kashmir Reorganisation Act, 2019 (34 of 2019), the reservation in the Union Territory of Jammu and Kashmir continues to be governed by the Reservation Act.
Currently, the Legislature of the Jammu and Kashmir is not in place. By a proclamation of the President under Section 73 of the Jammu and Kashmir Reorganisation Act, 2019, dated October 31, 2019, the powers of the Legislature of the Union Territory of Jammu and Kashmir are exercisable by or under the authority of Parliament.
“It is proposed to amend Section 2 of the reservation act by the Jammu and Kashmir Reservation (Amendment) Bill, 2023 so as to change the nomenclature of ‘weak and under privileged classes (Social Castes)’ occurring in sub-clause (iii) of clause (o), to ‘Other Backward Classes’ and to make consequential amendment in Clause (q), of Section 2 of the said act,” it said.
The proposed amendments have been initiated on the recommendations of the Jammu and Kashmir Socially and Educationally Backward Classes Commission (SEBCC), so as to remove the confusion among the general public as well as the competent authorities issuing certificates to eligible persons due to difference in such nomenclature, noted the statement of objects and reasons.
Meanwhile, the Centre today also introduced two bills in Lok Sabha pertaining to the Scheduled Castes and Scheduled Tribes in Jammu and Kashmir.
Amid sloganeering by the Opposition over the Manipur issue, Social Justice and Empowerment Minister Dr Virendra Kumar introduced the Constitution (Jammu and Kashmir) Scheduled Castes Order Bill 2023, while Tribal Affairs Minister Arjun Munda introduced the Constitution (Jammu and Kashmir) Scheduled Tribes Order (Amendment) Bill 2023.
The Constitution (Jammu and Kashmir) Scheduled Castes Order Bill 2023 seeks to include the Valmiki community as a synonym of Chura, Bhangi, Valmiki, and Mehtar in the list of Scheduled Castes of Jammu and Kashmir.
While the Constitution (Jammu and Kashmir) Scheduled Tribes Order (Amendment) Bill 2023 aims to revise the list of Scheduled Tribes of Jammu and Kashmir.
Bill proposes ST status for 4 Groups
Union Tribal Affairs Minister Arjun Munda today proposed inclusion of Pahari Ethnic Group, Gadda Brahmin, Koli and Paddari Tribe in the list of Scheduled Tribes (STs) by amending the Constitution (Jammu and Kashmir) Scheduled Tribes Order, 1989.
“The Administration of the Union Territory of Jammu and Kashmir has requested to include the communities of Gadda Brahmin, Koli, Paddari Tribe and Pahari Ethnic Group in the list of Scheduled Tribes in respect of the Union Territory of Jammu and Kashmir,” the statement of objects and reasons attached to the bill introduced in Lok Sabha today, said.
“On the basis of recommendation of the administration of the UT of Jammu and Kashmir and after consultation with the Registrar General of India and the national Commission for Scheduled Tribes, it is proposed to amend the Constitution (Jammu and Kashmir) Scheduled Tribes Order, 1989,” the statement said.
Accordingly it said, the Constitution (Jammu and Kashmir) Scheduled Tribes Order (Amendment) Bill, 2023 proposed to amend the Constitution (J&K) Scheduled Tribes Order, 1989, to include the communities of Gadda Brahmin, Koli, Paddari Tribe and Pahari Ethnic Group in the list of STs in respect of UT of J&K.
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