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| RBA, a joke with the poor people | | | Shiv Kumar Padha | 1/4/2015 12:23:38 AM |
| The holistic study of the economic prosperity, standard of living of the people, educational achievements, health care facilities and employment of the Jammu and Kashmir state reveals that the state is still far behind its counterpart states which have limited natural resources and do not enjoy the special status which the state of Jammu and Kashmir enjoys in the constitution of the country. Jammu and Kashmir has always remained a loving and affectionate state for the political parties in power in the country and has been getting more funds (lions share) than it contributes in the national exchequer. But as the ill luck would have it the people of the state are still reeling under poverty, want, and unemployment, illiteracy and health hazards due to the selective and disproportionate development in all the three regions of Jammu and Kashmir.
There has always been a tug of war between the Jammunities and Kashmiris regarding the pace of development in their respective regions and have been groaning and locking their horns for being the victims of discrimination and wrong policies of both state and the government of India. Each region feels that the other gets the major developmental and economical share in their Kitty. Such type of hostilities between Jam-mu and Kashmir has been simmering from the decades. Nobody can deny about the victimization of the one region or the other as there is one important victimhood which is common to the majority of both Jamm-unities and Kashmiris since the independence. This victimization, as we experience, is in the form of reservations granted to number of backward communities in Jammu & Kashmir State. Among other categories of reservations provided the Jammu and Kashmir state provided reservation to its people under RBA category vide SRO 126 of the J&K Government. After independence the first priority of the government was to uplift the destiny of the casts which were poor, down trodden, neglected, and untouchable and of those living primitive life in jungles and ravines. The government of India appointed first Backward Classes Commission known as Kaka Sahib Kalekar Commission on 29 th Jan 1953 which submitted its report on 30 th March 1955 listing 2399 casts as socially and educationally Backward Classes in India according to the criteria fixed by it. In order to meet out justice to the backward classes/casts of Jammu and Kashmir which felt ignored and discriminated constantly in the matter of recruitment in government services, public sector Establishments, Educational institutions and allied fields in the state the Jammu and Kashmir state government appointed a committee for the identification of backward classes/casts of J&K vide order NO. 826-Cof 1956. Government of Jammu and Kashmir set up another committee in 1969 under the chairmanship of Justice J N Wazir which submitted its report to the government in 1970. On the basis of this report the reservation rules under various categories were set up by the state government which included RBA, Social Casts etc. the report of this commission was challenged in Supreme Court of India. In order to remove the lacunas and defects in the reservation rules as per the verdict of the Supreme court of India the state government constituted another committee under the chairmanship of Justice A S Anand in 1976 which submitted its report to the government of Jammu and Kasmir in September 1977 with some commentary wherever he felt necessary. Justice A S Anand, in his findings reiterated the contents of article 14 of the Indian constitution which reads " The state shall not deny to any person the equality before law or the equal protection of the laws within the Indian territory." Justice Anand further said, " As a resident of this state I am not against the reservation given to the backward classes especially to those falling under RBA category. But availing the continuous benefit under this category has diminished and destroyed the bright career of our many youth who in spite of the fact having a good merit fall prey to to the reservation policy." Justice Sen, while upholding the necessity, relevance and viability of the reservations under RBA, considered it as the sheer violation of the Article 14 of the constitution which talks of right to equality before law. Day in and day out we find that number of our intelligent youth become psychic, drug addicts and problem for the society when they find that they have failed to achieve which they dreamed. It is very sad that the targeted people for whom the RBA category was tailored by the state government are quite at the receiving end whereas the privileged and the creamy layer of that society are being benefited enormously by it whether they presently live or have ever lived there. The heart bleeds when we find a boy or girl gets selected in MBBS, Engineering or in any other competition under RBA securing very less points than the open merit boy or girl who is dropped.There are hundreds of families who actually hail from RBA villages of Jammu or Kashmir or have purchased few Kanals of land there for RBA category certificate and settled in posh areas of the cities and towns got into top government jobs under reserved categories. The sons and daughters of these well settled people in government sectors ( KAS,IAS, IPS, Engineers, Doctors, teachers and others ) and living in posh areas of cities also get entitlements under RBA or other reserved categories. A conscience person is compelled to think, is this what the reservations are meant for? There are many families which hail from the declared RBA villages and residing in the cities and towns since long are deriving the benefit of reservations under RBA. The sons and daughters of such families having better schooling get the employment in the public sector easily under RBA and are posted in the cities and towns whereas the deserving youth of the villages are deprived both of their services and the employment. The chances of the employment of the gullible people are snatched by the creamy layer of the society not living in the RBA villages. The cunning people hailing from the so called RBA manage appointment of their children in the villages but soon after they get themselves transferred to the big towns and cities rendering the posts vacant in the villages till the next recruitments. The RBA reservation lollypop continues to benefit the boys and girls who got into medical, engineering colleges, education and other departments under the RBA category with less points get out of turn promotions whereas on the other hand the persons who belong to the open category gets frustrated and his future becomes dark. This injustice can be seen inmany government departments like education, Vaterinary, Agriculture, health and medical departments. It is an irony that the daughters hailing from villages and have studied in the schools falling in RBA cease the right of the reservation the moment they are married outside whereas a girl from big cities having studied in public schools is entitled for the benefits of RBA.
In order to remove the lacunas and shortcomings in the RBA the state should introduce a bill in the LA which can ensure onetime benefit under various reserve quotas and categories. It is funny that the MLA's, MLC's remain mum over this issue as the political parties feel that they may lose their vote bank. We have many areas in our state which have modern facilities like roads, hospitals, Schools ad colleges and are still enlisted under RBA category. These areas were backward 20 years back but the senior leaders of our state have used RBA as tool to gain political mileage. The areas which were represented by the powerful political party got the RBA status whereas the others couldn't. What kind of justice is this ? |
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