RS passes Bills to add Paharis, Valmikis to ST, SC lists in J&K

RS passes Bills to add Paharis, Valmikis to ST, SC lists in J&K

Subject: Polity

Section: Constitution

Criteria for inclusion in Schedule list (SC, ST) is determined based on following factors:

(a) The community’s distinct and identifiable ethnological traits as tribal identity.

(b) Traditional practices, customs, and way of life as part of tribal culture i.e. unique and distinctive culture that sets the community apart from other groups.

(c) Community’s geographical isolation is taken into account to assess its historic and continuous presence in specific regions.

(d) Socio-economic backwardness is considered to evaluate the level of disadvantage faced by the community.

However, The Constitution of India does not define the criteria for recognition of STs.

Process: Stages are as follows–

1. initiates at the State or Union Territory level-the concerned government or administration recommends the inclusion of a specific community.
2. The proposal is sent to the Union Ministry of Tribal Affairs for examination and further deliberations. After this, the Ministry of Tribal Affairs, through its own deliberations, examines the proposal and sends it to the Registrar General of India (RGI). Once approved by the RGI, the proposal is sent to the National Commission for Scheduled Tribes
3. The proposal is sent back to the Union government
4. Bill that amends the Constitution (Scheduled Tribes) Order, 1950 following its passage in both the Lok Sabha and Rajya Sabha.
5. The inclusion of any community in the Scheduled Tribes list takes effect only after the President assents to a Bill.

Recent addition in Jammu and Kashmir:

1. addition of the Pahari ethnic group to the Union Territory’s ST list.
2. added the Paddari Tribe, Gadda Brahmin, and Koli communities to the ST list and the Valmiki community (including synonyms) to the Scheduled Castes list of Jammu and Kashmir.

• Bills state that the reservation already available for these existing tribes will be maintained while giving these new communities additional reservation.
• Amid protest by Gujjar-Bakarwal it is said that the ST quota of Gujjar and Bakarwal will remain unaffected and there would be no dilution in the same.
• Constitutional provision related to tribes are mentioned in Art.366(25) with article 342(1) for inclusion of tribes by President along with these 5th and 6th schedule is also part of it.