Dr Vivak M Arya & Dr Nitan Sharma
One phenomenon inherent to the framework of the plural society that dominates the Indian subcontinent is the coexistence of populations with vastly varying levels of material and intellectual development in a relatively limited space. This article focuses on social concerns that were largely brought about by empty vows, guarantees, and promises made to the autochthonous societies in the erstwhile State of J&K, and it explores the potential outcomes of these two paths: confrontation and ultimate harmonization. Even while certain indigenous people have benefited from legal recognition as Scheduled Tribes since the early 1990s, J&K Reorganization Act, 2019 has also extended to them what is still available in the form of political reservations and the Forest Rights Act. In a similar vein, the Pahari tribe’s linguistic, cultural, and ethnic identity likely blossomed in the wild, among forests, rivers, and mountains, but this is still an open question. On the other hand, the approaching visit of the Home Minister in J&K and the subsequent addressing of gatherings in Rajouri and Baramulla is widely seen as a chance to rectify the wrongs committed against the Pahari Tribe over the course of the previous few decades. According to former PRO to Late Kuldeep Raj Gupta, Former Vice Chairman Pahari Advisory Board Vikrant Sharma, the Home Minister’s repeated utterances regarding the condition of Paharis and even assuring them that the next Chief Minister can be a member of Pahari Tribe has given new life to the struggle of Pahari population. It is vital to note right away that Pahari-speaking people live in the Pahars, or upper reaches of the Pir Panjal range, in the districts of Poonch, Rajouri, Baramulla and Kupwara, as well as a few pockets in Kashmir districts. It is important to note that while it has frequently been suggested on social media that Pahari Speaking People demand tribal status on the basis of language, this needs to be clarified right away. The amendment in J&K Reservation Act clarifies that for claiming the benefits of Pahari speaking people category, a person must be a member of the Pahari clan, community or tribe having a distinct cultural, ethnic and linguistic identity. Additionally, the Pahari group shares the geographic isolation and socioeconomic backwardness that have already been established and even underlined by numerous commissions and experts. The people of these mountainous regions are well aware that the majority of the amenities required for a contemporary lifestyle are not available to them. These communities’ residents lack access to adequate roads, schools, and health facilities, among other necessities. To get to schools, hospitals, or to use a transportation service from the main road, Pahari people must travel quite a distance on foot. The socioeconomic circumstances of the Pahari people are directly impacted by the lack of all such facilities. A little more than 80 per cent of the population is reliant on agriculture and raising livestock. Famous historian KD Maini reported that during the summer months, close to 35 per cent of the Gujjars, Bakerwal tribes, and Pahari people of Poonch-Rajouri Districts move to Dhoks and Margs. They migrate in the form of a carvan and have their own Dhoks and Margs where they shift alongside Qabilas and families. Similar to this, according to information from Lokesh Sharma, President of the Pahari Welfare Forum in J&K, notable dhoks in Poonch that are exclusively home to Paharis include Makhari, Doba, Desaldori, Sari, Magrian, Satarban, Sapanwali, Doda, Udanpathri, Sultanpathri, Noorpur, Trar, Peeran ni Mauri, Thandaban, Narian and Ranga. We may, thus, be able to understand the Pahari people as being disadvantaged and underprivileged by considering their transhumance lifestyle and socioeconomic circumstances. Sensing the hardships endured by this ethnic group, several cabinet decisions even in the erstwhile J&K State strongly supported the Pahari tribe’s popular demand for scheduled tribe status. All prior governors, especially General K.V. Krishna Rao, also supported this desire, which is expressed as follows, “The Pahari Speaking People of the State, who are primarily concentrated in remote border regions and are subject to considerable economic distress, as is evident from their backwardness in comparison to socio-economic indices, despite sharing the same kinds of disadvantages as the Gujjars and Bakerwals, have been unfortunate middlemen,” the report reads (Trishanku Swargl). For the sake of equity and to ensure equitable development, it is essential to include Pahari-speaking people in the development process by giving them the same privileges as tribes in terms of scheduling on a priority basis. Various regional parties, including the National Conference, the Indian National Congress, and others, included it in their election manifestos. The former Prime Minister A B Vajpayee passionately backed it during his visit to Karnah in 2002, and the state BJP leadership also pushed the case to the Centre for approval, therefore the BJP leadership has also agreed to settle the issue. Despite several permits and endorsements from high dignitaries, the Paharis were denied their just share for a variety of reasons. Numerous committees were even formed to investigate the veracity of their claim. The Peerzada Amin Committee Report stands out among them because it categorically states in its recommendations that there is a desperate need to mainstream this community by bringing them under the purview of positive discrimination as governed by the constitutional principle of affirmative action and as applied to other marginalized communities of the country. The Pahari population in erstwhile State of Jammu and Kashmir has been found to largely resemble a stock of people with primitive qualities, such as traditional marriage customs, dress pattern, shyness of contact, and hairdo. This was discovered during the macro-field survey, etc. Mountainous and border regions’ residents depend on nature for their daily necessities, such as food, fuel, and energy, and therefore live in close contact to it. Their major line of work is agriculture and related agricultural pursuits. They share striking similarities with other tribal tribes in the state in terms of the social organization, culture, and way of life. Pahari Tribe’s case is stronger than those of any other community for ST status because it has received recommendations from numerous commissions and committees, including S L Bhat Report, the Justice Sagheer Report, Interlocutors, Institute of Peace and Conflict, and a recent report by the J&K Socially and Educationally Backward Classes Commission popularly known as Justice GD Sharma Commission. The aforementioned actions at the national and state levels are further evidence of the steady and unwavering nature of demand. Despite the fact that they have a legitimate claim and have been fighting for it for the better part of forty years, it is evident that the Pahari community has seen no actual benefits from the aforementioned commitments, guarantees, and promises. However, against the backdrop of J&K’s reorganization, the Pahari community can be seen breathing a sigh of relief after receiving some encouragement in the form of 4 per cent local-level reservation and a promise from Prime Minister Narendra Modi from the Red Fort on the eve of Independence Day that justice would be served to Paharis as well. Although they fare poorly on socioeconomic indices, this vulnerable group has long served as a strong line of defense for the country and has been deservedly rewarded with the Padma Shri Award for their members’ great achievements to the country. The scheduling of the Pahari clan as a tribe has a particularly favorable relationship to the growth of these inaccessible border regions, which are predominantly populated by Pahari people in both the Jammu and Kashmir region. Poonch and Rajouri were at the bottom of the composite ranking of the recent District Good Governance Index virtually issued by Union Home Minister Amit Shah, while Baramula and Kupwara also did not perform very well. It’s important to note that this index took into account the performance of the following governance sectors: agriculture and allied industries, business and industry, human resource development, public health, public infrastructure and utilities, social welfare and development, financial inclusion, judiciary and public safety, environment, and citizen-centered governance. Therefore, scheduling the Pahari as a tribe can enhance governance for the region as a whole as well as for them. Recent studies even imply that this kind of affirmative action can redistribute political and economic power without impeding development in general. Unfortunately, a small number of people are attacking the social justice justification for Pahari population reservation, primarily on the basis of false information. Contrary to their claims based on illogical reasoning, the Hon’ble Supreme Court, in Neil Aurelion Nunes Judgment, opined that Articles 15 (4) and 15 (5) of the Constitution use group identification as a means of achieving substantive equality. This could result in an incongruity where some members of the identified group receiving the reservation might not be considered backward or where members of the non-identified group might share some traits with members of the recognized group that are associated with being backward. Individual differences may emerge from privilege, luck, or other factors, but they cannot be used to discount the importance of reservations in addressing the structural disadvantage that some groups experience. After seeing how the reorganization process in J&K dealt with the problems of other marginalized groups, the Pahari populace is optimistic that their long-standing demand would finally be met. Last but not least, the Pahari people are hopeful that the current government, which has maintained the ‘Sabka Saath, Sabka Vishwas’ ideal in both word and deed, has the courage and motivation to finally grant them Schedule Tribe Status, and that the visit of the Home Minister will be the landmark step in this direction.
