Scheduled tribe status for POJK displaced

Ronik Sharma
In the Union Territory of Jammu and Kashmir the Pahari community unquestionably upholds social harmony and unity in diversity, in addition to having a similar rich culture and civilization. The Pahari community in J&K is an aboriginal community, being backward people who dwelled in the highlands.Displaced people from Pakistan-occupied Jammu and Kashmir are also Pahari community members who have lost their identities as a result of relocation and Pakistan’s first offensive on India, particularly on Jammu and Kashmir territories, which illegally and forcibly took portions of the Jammu and Kashmir districts since 1947.Due to a number of factors, the Hindu-Sikh population of Pahari, in particular, has remained relatively backward since the massive displacement of 1947. Despite the need for such research, no comprehensive study of these impoverished people has been carried out. Knowing their soci-economic status, common ethnic characteristics, history, anthropology, ethnic identification, customs, traditions, location, literacy level, access to communication, periodic migration, employment, economy, and social backwardness was vital.
There is no denying the Central Government’s efforts, and they have been sincere in their efforts to address the various challenges and issues being faced by the various segments of society, as well as the issues and problems that various ethnic groups in Jammu and Kashmir are currently experiencing.If the Government is particularly concerned about the Pahari tribe in Jammu and Kashmir, the real and initial stakeholders are the 1947 POJK displaced persons who now reside in Jammu and Kashmir as well as other parts of the country from the Pakistan-occupied Jammu and Kashmir districts. Regional parties in Jammu and Kashmir and their leaders in the erstwhile state of Jammu and Kashmir were unable to successfully protect the Ethnic-identity of the vast majority of society, which is particularly connected to the 1947 uprooting.
People who have been uprooted from Pakistan-occupied Jammu and Kashmir areas are not only being ignored by the Kashmiri leadership, but they are also facing a slew of difficulties and issues as a result of their lack of protection.Long-time Jammu and Kashmir residents who were expelled from Pakistan-occupied territory have raised worry over sincere demands and made an appeal for the security of the Ethnic-identities of those who were relocated during the 1947 displacement, but in vain.The Central Government must take the 1947 POJK displaced persons into account when giving the Pahari Tribe Schedule Tribe Status. We have high hopes that the central leadership is sincere in its efforts to address the numerous issues and difficulties that various socio-economic groups are currently facing, and Displaced people from Pakistan Occupied Jammu and Kashmir are among those who are still searching for their lost identity.If displaced people from Pakistan-occupied Jammu and Kashmir are excluded from the Pahari tribe while giving the Pahari tribe schedule tribe status, future generations will suffer much more.In April 2020, the Union Territory Administration amended the Reservation Rules 2005 and also directed them to add new clauses, including a 4% reservation for Pahari Community people. In Rule-2 part (a) after clause (xi), a new clause (xii) was added which clearly mentioned that Pahari speaking people (PSP) means the people belonging to the Pahari community,clan or tribe having a distinct cultural, ethnic, and linguistic identity to be identified in such manner as may be prescribed and by such authority as may be appointed by the Government in this behalf.In Rule 21, after clause (viii), clause (ix) was added, which clearly mentioned that the Tehsildar shall be the authority to certify the claims of persons belonging to said category, and a person claiming the benefits under this category must be a member of a Pahari Clan, Community, or Tribe having a distinct cultural, ethnic, and linguistic identity, and his/her mother tongue must be Pahari.
In addition to this, they must produce an Aadhar card, voter identity card, or domicile certificate to get the benefits under this category. Despite sharing all of these traits, the majority of the displaced people in Pakistan-occupied Jammu and Kashmir were not given Pahari category certificates, leaving them feeling dejected. The administration of the Union Territories is best equipped to explain why such certificates cannot be issued.The dispersed population of displaced people is in a state of profound shock about why the administration of the Jammu and Kashmir Union Territory treats them in such a stepmotherly manner constantly, as was the case in the former State of Jammu and Kashmir. Living a normal lifestyle in a developed city is not a reason to forego the perks that come with being on the schedule category lists. One of the most closely guarded aspects of the constitution is the right to one’s own identity, but in the case of the displaced people from Pakistan-occupied Jammu and Kashmir, the dispersed population gradually lost that right over time, and successive Governments, both in the former State of Jammu and Kashmir and at the Center, failed to protect it.
Although they are Pahari Tribal People, they have been forcibly displaced and have made their homes in many towns in country, including Jammu Province. When creating the Schedule Tribe Status for this unique ethnic group, how can they lose the ethnic essence of the Pahari Tribe? The aforementioned displaced people ought to be included in the Schedule Tribe category till they are qualified to get the benefit of the 4% reservation that the Pahari Community has already been granted by the administration of the Union Territory. In order to address the long-standing grievances of these displaced Pahari tribe members, the Central Government must order the union territory administration to look into the matter thoroughly by forming a commission to look into the various angles and submit a report to the Central Government.
(The author is an advocate)