This is in response to news item, majority of “State Laws to remain applicable ” DE Sept 4, 2019. 16-11-1992 was a historic day, when a Bench of nine judges of Supreme Court announced 27 percent reservation for backwards of the country, who did not find palace in the schedule castes category. It is slowly and gradually implemented in whole of the country, including the Union Territories.
But in Jammu and Kashmir, this judgement did not see the light of the day and it was thrown in the basket. So this is the only state (now UT) in the country, where, this judgement met this sort of treatment. What were the factors and reasons which were responsibile for this ?
The main obstacle was section 370 which debarred all the central laws to be implemented in the State, unless they are grilled in the J&K Assembly and passed through.
The Reservation in services and admission in Govt Institutions was distributed in a Bander Bant System. Completely ignoring and neglecting the social castes communities. OSC nomenclature was given to these 28 social castes of the State as per SRO 294, dated 21.10.2005, Annexure -D, Under Privileged classes. Only 2 percent reservation is given to these people in entire J&K. This is a cruel joke. No reservation at district level. This behaviour of the Govt has deeply dejected these communities. Where as falsely created categories such as RBA, ALOC, Pahari speaking people, Border Line People, were given 20 percent reservation Plus 3 percent Pahari and 3 percent Border people. No specific criteria was applied to give the quantum of reservation. In these modern time no area is backward. But stigma of social castes is still very active, effective among socially backward classes. So 20 percent reservation should be reviewed, as it is not genuine and balanced as per merit.
Further, it will not be out of place to mention, that out of 20 percent reservation for RBA, only upper castes and elite group got the benefit. The poor OBC/OSC remain there, where he/she, was /were before independence.
106 Central Laws are going to be extended to Union Territory of Jammu & Kashmir and Ladakh. The word except the State of Jammu & Kashmir from the Central Laws and Acts have been omitted, due to abrogation of Sec 370. The National Commission for Backward Classes Act 1993, No. 27 of 1993 is due for this Union Territory.
As per DE, dated 3.9.2019 Page 12 Govt should clear it stand as far as OBC/OSC of this UT are concerned what is due to them in employment and education. New Rules and Regulation should be frammed as per other Union Territories.
SRO 294, dated 21.10.2005 should be repealed, as it has become defunct now. Union Territory of J&K is fully eligible for National Commission for Backward classes. Govt should include at least two members from this section of society to frame new rules. Section 370 is no more in J&K.These new rules will be framed on the line of other UTs as far as OBCs are concerned.
Prof. B L Bhardwaj