SHEIKH NAZIR
Shykhnazir580@gmail.com
” A critical analysis of Jammu and Kashmir’s evolving reservation system, highlighting its impact on marginalized communities, emerging challenges, and the urgent need for a balanced, transparent, and inclusive policy framework”
The reservation system in Jammu and Kashmir (J&K) is a critical instrument aimed at uplifting marginalized communities by ensuring their representation in education, employment, and politics. Rooted in the broader Indian affirmative action framework, reservation policies in J&K have evolved uniquely due to the region’s complex socio-political and demographic landscape. This article examines how reservation policies have impacted marginalized groups in J&K, highlighting both the hopes they have fostered and the challenges that have emerged. Jammu and Kashmir’s reservation framework has undergone significant changes, especially after the abrogation of Article 370 in 2019, which integrated the UT of J&K more closely with national policies. Historically, reservation aimed to bridge the gap between marginalized groups—such as Scheduled Castes (SC), Scheduled Tribes (ST), Other Backward Classes (OBC), and economically weaker sections (EWS)—and dominant social groups by providing equitable access to education, jobs, and political representation.The Gujjar and Bakerwal tribes, major Scheduled Tribes in J&K, have been among the most underprivileged communities. Despite ST status granted in 1991 and decades of affirmative action, these tribes continue to face systemic neglect, poor access to education, healthcare, and employment, partly due to geographical isolation. The inclusion of other groups like Pahari-speaking communities in the ST list has sparked debates about quota dilution and inter-community competition. Reservation policies have undeniably empowered historically excluded populations in J&K. They have enabled marginalized communities to enter educational institutions and public sector jobs, thus reducing illiteracy and poverty in some areas.For example, reservations for backward and remote areas have improved educational access in far-flung villages, fostering intellectual growth among deprived groups .By facilitating employment in government sectors, reservations have increased economic opportunities for marginalized communities. This has helped reduce poverty levels and integrate underprivileged groups into the mainstream economy .Such affirmative action has been crucial for tribal communities like the Gujjars and Bakerwals, who have traditionally been economically disadvantaged. Reservation of seats in legislative bodies has ensured that marginalized groups have a voice in governance. This political inclusion is vital for addressing the specific needs of these communities and fostering a more inclusive political system in J&K.One of the most contentious issues in J&K is the high percentage of reservations, currently around 70%, which is significantly above the 50% cap followed in most other Indian states. This has shrunk the open merit category to just 30%, leading to widespread discontent among the general category, which constitutes about 69% of the population but has access to less than 35% of seats in education and jobs.
This imbalance has sparked protests and legal challenges, with many arguing that the system designed to promote inclusion is inadvertently excluding economically disadvantaged individuals within the general category. The disproportionate distribution of benefits, heavily favoring Jammu region communities over those in Kashmir, has also fueled regional tensions. The subdivision of Scheduled Tribes into categories such as ST-1 and ST-2, with separate quotas (e.g., 10% for Pahari-speaking people under ST-2), has led to fears of quota dilution among existing beneficiaries, especially the Gujjars. This has intensified competition and created friction among marginalized groups themselves. The reservation policy in J&K has faced criticism for lacking transparency, particularly regarding the implementation of recommendations such as those from the Justice G.D. Sharma Commission. The non-publication of such reports limits informed debate and scrutiny. Moreover, the failure to identify and exclude the “creamy layer”—the relatively well-off individuals within reserved categories—has led to inequities where benefits do not always reach the most deserving. This oversight undermines the fundamental purpose of affirmative action. While reservations have uplifted many, they have also led to perceptions of discrimination among non-reserved groups, fostering feelings of alienation and resentment. This is particularly acute in Kashmir, where the majority of SC and ST benefits accrue to Jammu-based communities, exacerbating regional divides. The unique socio-political fabric of Jammu and Kashmir demands a nuanced and region-specific approach to reservations rather than a one-size-fits-all model. Experts and political leaders have called for a rationalization of the reservation system to ensure fairness and justice for all sections of society.Key recommendations include: Redesigning Reservation Policies: A forward-looking policy should prioritize development in underprivileged areas, empower tribal communities, and ensure equitable political representation for all marginalized groups. Transparency and Accountability: Public disclosure of commission reports and data on reservation benefits is essential for building trust and enabling informed policy debates. Creamy Layer Identification: Strengthening mechanisms to exclude the economically advanced within reserved categories will ensure that affirmative action reaches the truly disadvantaged. Economic-Based Reservations: Expanding reservations for economically weaker sections across all communities can help address poverty beyond caste and tribe-based criteria. Regular Review and Rationalization: Periodic assessment of the reservation impact can help adjust policies to evolving social realities, preventing overreach and unintended exclusion.Balancing Regional Representation: Addressing the regional imbalance in the distribution of reservation benefits is crucial to maintaining social harmony and political stability.Reservation policies in Jammu and Kashmir have been a beacon of hope for many marginalized communities, providing pathways to education, employment, and political participation. However, the current framework’s challenges—excessive quotas, regional disparities, lack of transparency, and intra-community tensions—underscore the need for a reimagined, balanced approach.By adopting a region-specific, transparent, and equitable reservation policy, J&K can uphold the original vision of social justice and inclusion. Such reforms will not only empower marginalized groups but also foster social cohesion and meritocracy, ensuring that the promise of reservation translates into real opportunities for all citizens of the region.This balanced approach is essential for the socio-economic development of Jammu and Kashmir and for nurturing a just society where every community feels represented and valued.
SHEIKH NAZIR Shykhnazir580@gmail.com
