Redefining Equality: The Journey of Reservation in Jammu and Kashmir
Sheikh Nazir
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) has long served as a crucial tool to uplift marginalized communities by ensuring their fair representation in education, employment, and politics. Rooted in India’s broader affirmative action framework, J&K’s reservation policies have taken a distinctive shape due to the region’s complex socio-political and demographic realities.
This article explores the evolution of reservation in J&K, assessing its impact, highlighting the hopes it has kindled, the challenges it has triggered, and the growing demand for a more balanced and transparent framework.
Historical Context and Evolution
Historically, reservations in J&K aimed to bridge the gap between socially and economically disadvantaged groups—such as Scheduled Castes (SC), Scheduled Tribes (ST), Other Backward Classes (OBC), and Economically Weaker Sections (EWS)—and dominant communities by offering them equitable access to education, jobs, and political representation.
The situation evolved significantly post the abrogation of Article 370 in 2019, which brought J&K closer in alignment with national policies. While this integration expanded the scope of reservation to include newer categories, it also intensified debates about fairness, inclusion, and regional equity.
Gains Achieved Through Reservation
Reservations have empowered many marginalized communities across the Union Territory. For instance, the Gujjar and Bakerwal tribes, among the largest Scheduled Tribes in J&K, have seen increased access to education and public sector employment despite persistent challenges such as geographical isolation, systemic neglect, and lack of basic services.
Reservations for backward and remote areas have significantly improved access to education in far-flung regions, fostering academic growth among disadvantaged groups. Moreover, inclusion in government employment has provided economic upliftment and brought these communities closer to the mainstream economy.
Political reservations have also enabled representation in legislative bodies, ensuring that marginalized voices influence governance and policy decisions. This inclusion is essential for fostering a more participatory and inclusive democracy in the region.
Emerging Challenges and Growing Discontent
However, the reservation system in J&K is now facing mounting criticism on several fronts. A key point of contention is the high overall percentage of reserved seats—currently around 70%—which is well above the 50% ceiling followed in most Indian states. This leaves only 30% of opportunities open for the general category, despite it constituting nearly 69% of the population.
This disproportionate allocation has fueled resentment among the economically disadvantaged in the general category, who now face reduced access to opportunities. Additionally, regional imbalances have emerged, with a perceived tilt in benefits toward communities in the Jammu region, thereby sparking friction with groups in Kashmir.
The recent inclusion of Pahari-speaking people in the ST list under a separate category (ST-2) with a dedicated 10% quota has led to further unrest. Established ST communities like the Gujjars fear dilution of their share, intensifying inter-community tensions.
Systemic Issues: Transparency and Equity
Another major criticism revolves around the opacity in policy implementation. Key recommendations from commissions, including the Justice G.D. Sharma Commission, remain unpublished, limiting public discourse and accountability.
Moreover, the lack of mechanisms to filter out the “creamy layer”—the relatively well-off individuals within reserved categories—means that benefits often fail to reach the truly underprivileged. This flaw undermines the original intent of affirmative action, fostering inequity even within marginalized groups.
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Call for Reform: Towards an Inclusive Framework
Given these challenges, there is an urgent need to rethink and rationalize the reservation system in Jammu and Kashmir. Experts and political leaders have proposed several key reforms:
Redesigning Reservation Policies: Policies must prioritize socio-economic upliftment, regional equity, and true empowerment of underprivileged areas and communities.
Transparency and Accountability: Public access to reports, data, and decision-making processes is essential for building trust and informed public debate.
Identification of the Creamy Layer: Stronger implementation of exclusion mechanisms will ensure that benefits reach the most deserving within reserved categories.
Economic-Based Reservations: Expanding EWS-based quotas irrespective of caste or tribe can help address poverty across all communities.
Regular Reviews: Periodic evaluations of reservation impacts can help adjust policies based on changing socio-economic conditions.
Balanced Regional Representation: Ensuring fair distribution of reservation benefits across regions will promote harmony and political stability.
Conclusion: A Path Toward Inclusive Justice
The reservation policy in J&K has been a beacon of hope for many, opening doors to education, employment, and political participation for historically marginalized groups. However, its current structure—marked by excessive quotas, regional disparities, and intra-community tensions—calls for urgent reform.
By embracing a transparent, region-specific, and equitable approach to reservations, J&K can uphold the ideals of social justice while also fostering cohesion and meritocracy. Such a balanced policy will empower marginalized communities without alienating others, ensuring that the promise of equality and opportunity becomes a shared reality for all citizens of the region.
