PAHARIS AND PADDARIS

1. Context

Recently, The Constitution (Jammu and Kashmir) Scheduled Tribes Order (Amendment) Bill, 2023 is one of the four Bills relating to the Union Territory that were introduced in Lok Sabha. The government has brought a Bill to include four communities in the list of Scheduled Tribes (STs) in Jammu and Kashmir: “Gadda Brahmin”, “Koli”, “Paddari Tribe”, and “Pahari Ethnic Group”.

2. Who are the Scheduled Tribes?

The Constitution of India under Article 366(25) defines Scheduled Tribes as "such tribes or tribal communities or parts of or groups within such tribes or tribal communities as are deemed under Article 342 to be Scheduled Tribes.
Article 342 empowers the President of India to specify, through a public notification, the tribes or tribal communities to be included in the list of Scheduled Tribes for each state or union territory.

Once a tribe or tribal community is recognized as Scheduled Tribe, it is entitled to certain benefits and protections, including:

Reservation in educational institutions: STs receive reserved seats in government and private educational institutions to improve their access to quality education.
Reservation in government jobs: STs are provided with reservations in public sector employment to ensure fair representation and opportunities.
Socio-economic development schemes: Various government programs and schemes are implemented to uplift the living standards of Scheduled Tribes, addressing issues related to healthcare, housing, infrastructure, and livelihood.
Land rights and protection: The government safeguards the land and forest rights of STs, especially in tribal-dominated areas, to preserve their traditional way of life.
Constitutional safeguards: Special provisions in the Constitution safeguard the cultural, social, and political rights of STs.

The list of Scheduled Tribes is specific to each state or union territory in India, and it may vary from one region to another based on historical, cultural, and geographical factors. The Central and State governments continuously review and update the list to include new communities and exclude those that have progressed socio-economically and no longer require the special status.

3. ST Communities in Jammu & Kashmir

Paharis in Jammu and Kashmir comprises Hindus, Muslims, and Sikhs, including Kashmiris who settled in Rajouri and Poonch districts over time.
The J&K government recommended including Paharis in the ST list in 1989, but it was rejected due to no record of their caste/tribe.
To address Paharis' demands for ST status, an Advisory Board for Development of Pahari Speaking People was set up, defining them as people living in Rajouri and Poonch, except those already listed as STs.
Various governments tried to grant ST status to Paharis, but it faced multiple rejections from the Centre, citing a lack of ethnic categorization.
In 2019, under Governor Satya Pal Malik, Paharis were given 4% reservation in jobs and education.
In 2022, the Justice (retd) G D Sharma Commission recommended ST status for Paharis, along with Gadda Brahmins, Kolis, and Paddari Tribe. The proposal was approved by the Registrar General.

4. Status of STs in India

The Census 2011 has revealed that there are said to be 705 ethnic groups notified as Scheduled Tribes (STs).
Over 10 crore Indians are notified as STs, of which 1.04 crore live in urban areas.
The STs constitute 8.6% of the population and 11.3% of the rural population.

5. Pahari Tribe

The Paharis tribe is a diverse ethnic group in the Jammu and Kashmir region of India. They are found in the districts of Rajouri and Poonch, with members belonging to various religious backgrounds, including Hindus, Muslims, and Sikhs.
The Paharis also include people of Kashmiri origin who migrated and settled in these areas over time. The Paharis have historically faced socio-economic challenges and educational backwardness.
In response to popular demand from the Paharis residing in the border areas of Rajouri and Poonch, who argued that they shared similar social and educational disadvantages as the Gujjars, Bakerwals, Gaddis, and Sippis (Scheduled Tribes of the region), the Jammu and Kashmir government set up an Advisory Board for the Development of Pahari Speaking People.
Efforts to grant the Paharis Scheduled Tribe (ST) status have a long history. In 1989, the J&K government recommended their inclusion in the ST list, but it was initially rejected by the Registrar General of India due to the absence of the Pahari caste/tribe in official records.
Over the years, several proposals and recommendations were made to provide reservation benefits to the Paharis, but they faced challenges related to ethnic categorization and official approvals.
Finally, in 2019, under the tenure of Governor Satya Pal Malik, the Paharis were granted 4% reservation in government jobs and admission to educational institutions.
Additionally, the Justice (retd) G D Sharma Commission, appointed in the same year, recommended ST status for the Pahari Ethnic Group, along with Gadda Brahmins, Kolis, and the Paddari Tribe. This proposal was approved by the Registrar General in 2022.
Despite their diverse religious and cultural backgrounds, the Paharis share a common identity based on their historical settlement in the Rajouri and Poonch regions.
The recognition of the Pahari Ethnic Group as a Scheduled Tribe has provided them with greater opportunities for socio-economic development and representation in various sectors.

6. Paddari Tribe

The Paddari Tribe, also known as the Pahari Paddari, is an ethnic group residing in the Jammu and Kashmir region of India.
They are primarily found in the districts of Rajouri and Poonch, which are part of the Pir Panjal mountain range. The Paddari people have a distinct cultural heritage and a unique way of life.
The Paddari Tribe is primarily involved in agriculture, animal husbandry, and pastoral activities. They are known for rearing livestock, especially cattle, goats, and sheep.
The tribe's livelihood is closely tied to their animals, and they migrate with their herds to higher altitudes during summers and return to lower regions before the onset of winter. This nomadic lifestyle is similar to that of the Gujjars and Bakerwals, who are also prominent ethnic groups in the same region.
Historically, the Paddari Tribe has faced socio-economic challenges, including educational backwardness and limited access to basic amenities. As a result, they have been seeking official recognition and benefits through Scheduled Tribe (ST) status.
In 2019, the Justice (retd) G D Sharma Commission, appointed by the Jammu and Kashmir government, recommended ST status for the Paddari Tribe along with the Pahari Ethnic Group, Gadda Brahmins, and Kolis. The Registrar General approved this proposal in 2022, granting the Paddari Tribe the much-awaited ST status.
With the inclusion in the ST list, the Paddari Tribe is entitled to various reservation benefits, including access to government jobs, educational institutions, and social welfare schemes aimed at promoting their socio-economic development. This recognition also provides them with enhanced representation and voice in matters concerning their community.
Overall, the Paddari Tribe holds a significant cultural identity in the region and plays an important role in the local economy through its traditional practices of animal husbandry and agriculture.
The official recognition of their tribal status is expected to contribute to their overall well-being and foster socio-economic progress within their community.

For Prelims: Pahari Tribe, Paddari Tribe, Scheduled Tribe, Constitution (Jammu and Kashmir) Scheduled Tribes Order (Amendment) Bill, 2023, Article 366(25), and Article 342.

For Mains: 1. Analyse the challenges and opportunities faced by Scheduled Tribes in India with regard to socio-economic development, education, and representation in governance. (250 words).

2. What are the two major legal initiatives by the state since Independence addressing discrimination against Scheduled Tribes(STs)? (UPSC 2017)

Previous year Questions

1. Under which Schedule of the Constitution of India can the transfer of tribal land to private parties for mining be declared null and void? ( UPSC 2019)

(a) Third Schedule

(b) Fifth Schedule

(d) Twelfth Schedule

Answer: b

2. If a particular area is brought under the Fifth Schedule of the Constitution of India, which one of the following statements best reflects the consequence of it? (UPSC 2022)

(a) This would prevent the transfer of land of tribal people to non-tribal people.

(b) This would create a local self-governing body in that area.

(d) The State having such areas would be declared a Special Category State.

Answer: a

Source: The Indian Express

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