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Political Nominations and Reservation for Scheduled Castes in J&K State
Er. H.R. Phonsa3/31/2015 11:53:33 PM
For centuries the Hindu outcastes namely Untouchables and touchable
Dalits, now classified as Scheduled Castes ,Scheduled Tribes and Other
Backward classes were reduced to the position even below the animals by non but their own High Caste masters.
They had no human rights including means to come out of their poverty ridden conditions. The condition of these unfortunate unclassified slaves was no better as they were not allowed to draw water from wells or water tanks, schools, places of worships were out of reach to them, to cremate their dead they had to find alternative places than reserved for the higher caste people, curse of untouchbility , bonded labour and Begars were prevalent in big way, barbers of high castes were not providing service to them, the beating and snubbing of land lords, Namberdars had become their fate.
When India was taking turn to wards freedom, many initiatives were taken by British to give representations to these slaves to British slaves. Some study groups were formed to know the political, economical, educational social and religious conditions of Dalits who were as many as 75 % of Indian population. Some of them were to call Round Table Conferences at London, sending Simon Commission to India etc. Maharaja Hari Singh a good hearted monarch attended the Round Table conferences and witnessed deliberations of Indian political leaders of different shades and opinions, British representatives and Indian Kings.
He heard Dr.Ambedkar the representative of Dalits, Mahatama Gandhi,Pt.Madan Mohan Malvia and others. The fall out of Simon Commission recommendations of giving Duel vote rights to untouchables at national scene was a big achievement by Dalit leader's efforts.
But Mahatama Gandhi's Fast unto death at Poona against these measures and signing of Poona Pact between Dr, Ambedkar and Hindu leaders gave bitrth to reservation policy.
Dr. Ambedkar had to get contended with Reservation in political and Government services for Dalits or Untouchables, as he was for share not begging as a matter of right of Dalits in the state affairs. Reservation gave right to earn bread to the untouchables but took away their will to stand arrect in the political spheres. But others were not in a position to political harm to Dalits their own representative selected on behest of other political party high caste bosses are doing.
Maharaja Hari Singh( 1895-1961) a wise person was observing all this with open mind so he officially relaxed prevailing harsh conditions in his state for Dalits. He ordered opening all public places like wells, water tanks, schools , grant of Scholarships to Dalit students.
He even nominated two Dalits representatives ( Sh.Jagat Ram Aryan and Bhagat Mangat Ram) to the State Praja Sabha. Even Dalits leaders in forties like Bhagat Chhajju Ram,Mahash Nahar Singh,Jagat Ram Aryan,Bhagat Daulat Ram, Pt. Mangat Ram( Langath Samba), Ch. Rasila Ram and many others had started Dalit liberation movements in their own ways.
Groups like Megh Mandal and Harijan Mandals were formed and even agitations were launched for their cause. India got liberation from British yoke in 147 and India Constitution came in the being from 26th January, 1951 with Article 370 granting special status to Jammu and Kashmir. It is interesting to note that Dr. Ambedkar was against introduction of Art.370.
All party positions or candidates for different selections, elections, nominations are decided politically before these are put on the respective process of selection, , elections and nominations as per the cannons of rules..
The scheduled castes in J&K State constitute nearly 8% or 7.59% of population(2001) and Jammu province over 20%.District wise ( 2001)population of Scheduled castes in districts of Jammu province is Jammu( 24.85%),Udhampur( 19.11%), Doda ( 9.09%), Kathua( 23.15%),Rajouri ( 7.97%) and Poonch( 0.25%) .
But despite loss of precious life of Bhagat Amarnath in fast unto death in 1970 for reservation cause, has not moved the authorities to give proper representation to these unfortunate deprived sections of society.
The first government SRO in 1971 was issued 25 years after India got independence. This has now been given the shape of an act after lapse of another 35 years. But practically against 8% fixed quota in services has not crossed even 4% mark. Recently nearly a lakh of recruitments were made in different department under the garb of Rehbere Talim and other such flimsy names throwing share of Reservation claims of SC's to winds.
Even in the matters of nominations in the Legislative Councils from 1952-1996, out of 172 nominations only 6 were members of SC's. This is clear violation of the Sec. 50(6) of J&K Constitution which reads "Eight members shall be nominated by the Governor, not more than three of whom shall be persons belonging to any of the socially or economically backward classes in the State, and the others shall be persons having special knowledge or practical experience in respect of matters such as literature, science, art, co-operative movement and social service".
In the 2014 elections the Scheduled castes and other Backward classes have voted in mass in favour of PDP and BJP leaving the past parties of their choice for these party leader's follies and promising promises of the parties who won on the vote bank of poor. But again the nomination made in 2015 by parties in power have ignored the rights of Scheduled Castes.
Do the person nominated for three seats of selection category qualify the criteria of belonging to any of the socially or economically backward classes in the State. If not whom to blame. Persons in power or caste prejudices. For the poor's these parties are also proving " All that glitters is not gold".
In the Indian Parliament from 1952-1998 as many as 78 MP's ( RS-30 & LS-48) were elected or nominated but none from the SC's. Since 1952 not even a single person belonging to SC communities have seen the Parliament from within as its member.
Host of Govt. department including Education universities being run on the Government funds do not bother to give practical effects to the reservation rules. These universities have either H.E. the Governor of the State or the Chief Minister as Vice Chancellor. Many eminent propfessors belonging to Dalit communities qualify to be VC's but none is given chance.
Recently the promotion of S/C employees have been denied ( Catch up Rule)by the J&K High Court on the pretext that rules as amended by virtue of 77 th amendment of Indian constitution as incorporated Article 14(4A) is not applicable to J&K State by virtue of Article 370 barrier. Reservation rules are only applicable to a limited service grades.
One does not under if this denial of constitutional rights to the deprived sections of the society is deliberate or helplessness of the state government. Government helplessness or un-mindfulness to the grave injustice to the poor SC,ST, OBC leaves these persons to the mercy of state bureaucracy, which is proven unfair in their dealing.
Dr. Ambedkar while winding up the Indian Constitution framing debates said that how so eve a good a constitution may be if the ruling class is dishonest the best constitution shall turn into a bad constitution.
But if the ruling class is honest to the rules even a bad constitution shall prove good. If one has a golden heart but merciless it shall bring dooms days to others. The integration of minds not of words matters which is lacking in dealing with the poor and deprived sections of the society.
Er. H.R. Phonsa, Jammu
The writer is a social activist ,an author can be reached on zenithrs@ yahoo.com or [email protected] Contact 09419134060
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