Introduction:
The reservation policy is an old age policy being practiced in India since ancient times. William Hunter and Jyotirao Phule in 1882 initially considered the possibility of a caste-based reservation system. Here the quota is based on affirmative action. Dr. B. R. Ambedkar constitutionalized the reservation system in India with the intention to reduce the discrimination between the high-class people and the lower caste people. The reservation policies are governed by the government and are backed by the constitution of India. Article 370 granted special status to the state of Jammu and Kashmir, as it was having its own flag and its own constitution of the state. The state had the right to take decisions except in cases of defense, communications, and foreign affairs. Now after the abrogation of article 370 the state has been divided into two union territories namely Ladakh and Jammu and Kashmir. Jammu and Kashmir will have partial statehood status and will have its legislature for the term of five years.
Now onwards after the Jammu and Kashmir Reorganisation Act, 2019 the central government can use its power to modify the existing laws, and no longer it will have special status as earlier. Before the abrogation of Article 370 and 35A, ‘The Jammu and Kashmir Reservation Act, 2004’ was in force to provide reservation in jobs to the Scheduled Castes, Scheduled Tribes and Other Socially and Educationally Backward Classes in the state of Jammu & Kashmir. Then after the abrogation of Article 370, ‘The Jammu and Kashmir Reservation Act, 2004’ is applicable to the Union Territory of Jammu and Kashmir and Union Territory of Ladakh with certain amendments, as mentioned in ‘The Jammu and Kashmir Reorganisation Act, 2019’. The number of people from the communities belonging to the reserved category to be benefited will be in proportion to the percentage of reservation for the respective categories. This statement was given by the Union Minister of State (Independent Charge) Development of North-Eastern Region (DoNER), MoS PMO, Personnel, Public Grievances & Pensions, Dr. Jitendra Singh[1].
Status of OBC and Reservation Policy before the abrogation of article 370 in Jammu and Kashmir:
In a historic decision, in case of Indra Sawhney And Others vs Union of India (1992)[2], the nine-judge bench of the supreme court announced that 27 % place for the backward of the country who didn’t find place in the scheduled caste category. This law was applicable for the whole of India except the state of Jammu and Kashmir (now a UT) because of the obstacle of article 370. As article 370 debarred all the central laws to be implemented in the state. This judgment also highlighted the term ‘creamy layer’ which refers to some members of a backward class who are highly advanced socially as well as economically and educationally. They constitute the forward section of that particular backward class. Only those from OBC who comes under Non-Creamy Layer would get OBC reservation. 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. Minorities in Kashmir [Hindus and Sikhs] didn’t get a 16% reservation before scrapping of article 370.
The Jammu and Kashmir Reservation Act, 2004 was also applicable in the state from 31 March 2004. It provided reservations for appointment, and admission in Professional Institutions, for the members of Scheduled Castes, Scheduled Tribes, and other socially and educationally backward classes and for matters connected there. After independence, at first reservations were given uniquely to SCs and STs. OBCs were included for the ambit of reservation in 1991 on the recommendations of the Mandal Commission.
Status of OBC and Reservation Policy after the abrogation of article 370 in Jammu and Kashmir
The Jammu and Kashmir Reservation Act, 2004 provides reservation in certain state government posts to people belonging to socially and educationally backward classes such as Scheduled Castes, Scheduled Tribes living in areas adjoining the Actual Line of Control. The majority of laws are applicable now to the Jammu and Kashmir after the abrogation of the article of 370, including The Jammu and Kashmir Reservation, Act 2004. 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 its stand as far as OBC/OSC of this UT is concerned about what is due to them in employment and education. New Rules and Regulation should be framed as per other Union Territories 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[3].
After the abrogation of article 370, the Jammu and Kashmir, including The Jammu and Kashmir Reservation act will be applicable with certain amendments. With reference to, The Jammu and Kashmir Reservation (Amendment) Bill 2019, it will benefit 36 lakh people across the state ( now a UT). The people living along the actual Line of Control (LoC) and along international Border within an area of 10 Kms, for the minimum period of seven years will get 3% reservation in jobs and educational institutions because of the hardships they face such as shelling across the border or the cross border tension. And the exclusion of the people from reservation whose income exceeds 8 lakhs. This exclusion doesn’t apply to the people residing along LoC and international borders. Section 2&3 were amended in the act.
Also, in addition to the above reservation, the government has issued an order, that all government jobs in the Union Territory of Jammu and Kashmir will be reserved for domiciles. Home Ministry in its notification announced, “any person who has resided for a period of 15 years in the Union Territory of Jammu and Kashmir or has studied for a period of seven years and appeared in Class 10/12 examination in an educational institution located in the UT shall be deemed to be a domicile for the purpose of appointment to any post carrying a pay scale of not more than Level-4”[4].The government has withdrawn Jammu and Kashmir Reservation (Second Amendment) Bill 2019, as central laws providing quota to the economically backward class are now applicable to the union territories post repeal of special provisions under Article 370.
Conclusion
The reservation is facilitating access to seats in government jobs or the legislation to certain sections of the society. Unequal should be treated equally. The reservation is needed because to maintain equality between the people of higher caste and lower caste. There is injustice and social oppression against the lower caste people. So, to empower them and foe their participation in the decision-making process of the country we should have some kind of quota for them. Where they will have their own voice. And they can act against those oppressors. It is important for the people residing along the international border and LoC, as there is cross border tension arising out daily. The young generation future of tomorrow and they are beneficial for the empowerment of both state and the country. I will lack in education or other people in getting jobs, it is impossible for the nation to be a developed nation. By abrogation of article 370 in Jammu and Kashmir, it has helped the country immensely.
The changes should be brought into the education system. The meritorious candidate should not face injustice because of the caste reservation, it is the academic performance which matters the most. The government should provide them with scholarships, funds, and coaching. Reservation is fair, till it provides positive discrimination. And it should not harm the unreserved category of the society.
When more people aspire for backwardness rather than of forwardness, the country itself stagnates. Meritocracy ought not to be dirtied by injecting relaxation of entry barriers, as opposed to it ought to be empowered by offering financial aid to the oppressed. A solid political will is key to discover a balance between equity to the retrogressive, value for the advances and productivity for the whole framework.
References:
[1] https://pib.gov.in/Pressreleaseshare.aspx?PRID=1592361
[2] AIR 1993 SC 477, 1992 Supp 2 SCR 454
[3] http://puripolice.nic.in/sites/default/files/misc/docs/national_commission_for_backward_classes_act_1993.pdf
[4] https://www.financialexpress.com/india-news/big-move-after-article-370-abrogation-modi-govt-reserves-jobs-in-jammu-and-kashmir-for-domiciles-all-you-need-to-know/1915746/
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