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Home - Politics - Kashmir’s Political Rivals Unite in Protest Against Controversial Reservation Policy

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Kashmir’s Political Rivals Unite in Protest Against Controversial Reservation Policy

The Web Story
Last updated: December 24, 2024 12:09 am
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Students End Sit-in Following CM’s Assurance

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Srinagar, Dec 24 : Political rivals in Kashmir have temporarily set aside their differences to rally around a common cause—a fair and transparent reservation policy.

Students, particularly those pursuing training in medicine and surgery, have protested against this policy, arguing that it fosters mediocrity instead of allowing merit to prevail. On Monday, they gathered outside the residence of Jammu and Kashmir Chief Minister Omar Abdullah in Srinagar to continue their demonstrations.

Student protesters held banners and chanted slogans demanding immediate revisions to the reservation policy.

The protest was led by National Conference member of Parliament Ruhullah Mehdi, with support from People’s Democratic Party (PDP) leaders Waheed Para and Iltija Mufti. The rally also saw participation from the Awami Itehad Party (AIP) and notable support from Mirwaiz Umar Farooq, an influential cleric and leader of the Hurriyat Conference.

This marked the first joint protest in Jammu and Kashmir since the formation of the National Conference government, bringing together various political leaders and social activists.

Addressing the gathering, Ruhullah Mehdi criticized the reservation policy, arguing that it disproportionately impacts certain communities. He stated, “The government must ensure fairness and equality in its policies. The current reservation system is divisive and has created a sense of alienation among deserving sections of society.” He called for a comprehensive review of the policy to ensure equitable representation for all.

“The voices of the people cannot be suppressed. The youth are the future, and their demands must be met with respect and seriousness,” he added.

Ruhullah also expressed gratitude to PDP leaders, including MLA Pulwama Waheed Para and Iltija Mufti, for their support in this cause.

During her speech, PDP leader Iltija Mufti emphasized that the focus of the protest was not political but aimed at addressing the genuine grievances of the youth. She stated, “We are here not to engage in politics. In J&K, political discourse often revolves around Article 370 and the restoration of statehood, but no one is addressing the needs of the youth. Their demands are very basic—they seek a reservation that is equitable and not discriminatory.”

Mufti further urged the National Conference (NC) government, which came to power with a significant mandate, to fulfill its promise of rationalizing the reservation policy promptly. “We hope the government that came to power with such a strong mandate will deliver on its commitments without delay,” she concluded.

The Awami Itehad Party (AIP) expressed its support on X (formerly Twitter), stating that Er Rasheed has consistently backed genuine public causes and that the party is committed to addressing the grievances of the people of Jammu and Kashmir, particularly regarding critical issues like the reservation policy.

Waheed Para of the PDP reinforced this sentiment on X, saying, “Our demand is not against affirmative action. We believe that inclusion through reservation must extend beyond tokenism to foster substantive equality. We support empowering marginalized communities to not just be present but to shape decisions and lead change.”

He continued, “However, let’s be clear: merit must remain the foundation of our systems. Reservations should be targeted exceptions designed to bridge inequalities, not tools that create perpetual imbalance. Policies that reduce the majority to a minority are neither just nor sustainable.”

He asserted that the majority of youth falling under the Open Merit category cannot be sacrificed for the sake of vote-bank politics or divisive agendas. “Their aspirations matter. Their opportunities matter. As representatives, it is our responsibility to pursue a fair framework that empowers every segment of society without fostering discord by pitting communities against each other.”

In a statement on X, Mirwaiz Umar Farooq called for addressing reservation issues with justice and fairness, ensuring that the interests of all societal segments are protected, without unfairly disadvantaging any single group. “The current reservation status undermines the interests of the General/Open Merit category. I make a fervent appeal to address their concerns immediately! Support #openmeritstudentsassociation @OMSA_JK during the sit-in protest,” he said.

The Mirwaiz expressed his willingness to join the protests if permitted by authorities, stating, “I would participate if the authorities allow. My delegation will be there to support. I will also raise this issue in #JamaMasjid whenever I am permitted to go.”

What is the Policy?

The policy introduced by the administration led by LG Manoj Sinha, prior to the assembly elections earlier this year, reduced the reservation percentage for the general category and increased it for reserved categories in jobs and admissions.

The previous administration had approved 10 percent reservations for Paharis and three other tribes, bringing the total reservations under the Scheduled Tribe (ST) category to 20 percent.

Additionally, 8 percent reservations were granted to Other Backward Classes (OBCs), along with the addition of 15 new castes to the list of OBCs based on recommendations from the Socially and Educationally Backward Classes (SEBC) Commission.

In February, Parliament approved reservations for the Pahari ethnic tribe, Paddari tribe, Kolis, and Gadda Brahmins during the budget session.

Subsequently, in March, the Administrative Council convened under LG Sinha and approved the social welfare department’s proposal to amend the Jammu and Kashmir Reservation Rules, 2005, in accordance with the Jammu and Kashmir Reservation (Amendment) Act, 2023, the Constitution (Jammu and Kashmir) Scheduled Castes Order (Amendment) Act, 2024, the Constitution (Jammu and Kashmir) Scheduled Tribes Order (Amendment) Act, 2024, and recommendations from the Jammu and Kashmir Socially and Educationally Backward Classes Commission.

Tribal Researcher Dr. Javaid Rahi says people who are opposing reservations are in essence opposing equality within society. “The ‘Reservation’ granted to backward sections including Gujjars-Bakkarwals community in Jammu and Kashmir under Scheduled Tribe category in Jammu and Kashmir, is rooted in social justice and parity, not charity.” However, Rahi early this year was opposing giving reservation to Pharis saying they are the elites and they don’t deserve reservation.

While the leaders of the Phari community have made it clear that they will not tolerate any attempts to alter their reservation benefits, the Chief Minister says the sub-committee, which will consist of three ministers, will submit its report before any decisions are made.

Recognising the political sensitivities surrounding the issue, Omar acknowledged that many youths, particularly those from the open category, feel they are being denied their rightful opportunities.

At the same time, he pointed out that there are groups who have recently been included under the reservation system and are staunchly opposed to any reduction in their benefits. “To address these complexities, the Cabinet has decided to form a sub-committee that will take a comprehensive approach to the issue,” he added.

Meanwhile, A writ petition in the High Jammu & Kashmir High Court heard listed for Friday challenging amendments to the region’s reservation rules has brought more clarity on the issue.

The petitioner, Zahoor Ahmad Bhat, who was also among the petitioners who challenged Article 370, and his co-petitioners, argue that the amendments, made by the Jammu & Kashmir Union Territory government in 2024, are unconstitutional and violate the principles of equity and fairness.

They argue the amendments altered the reservation percentages, reducing the open merit category from 57% to 33%, and the Resident of Backward Areas (RBA) category from 20% to 10% by increasing the reservation in Scheduled Tribe from 10 percent to 20 percent, social caste from 2 percent to eight percent, Area Line of Control from three percent to four person and Physically Handicapped candidates also see increases to four percent. New reservation categories include children of defence (three percent) and police personnel (one percent), sports achievers (two percent), among others.

The petitioners argue that the changes are prejudicial to those in the open merit constituting an “unwarranted discrimination” that contravenes the Constitution of India. They argue that the amendments are detrimental to the larger population of Jammu & Kashmir, which they claim comprises 70% open merit candidates and over 20% RBA candidates.

“The policy of the reservation aims to uplift the unprivileged classes as per their percentage in the overall population but it should not be at the cost of the merit and percentage of open merit (OM) and RBA category candidates who are near about 80% population of UT of Jammu & Kashmir. Same is in violation with the fundamental rights of the petitioners as well as other unemployed youth hence deserves to be set aside,” the petition says.

The Jammu & Kashmir Reservation Rules of 2005, prior to the amendments, had a 57%-43% division between open merit and reserved categories. The petitioners say the open merit group-comprising candidates who are not from any reserved categories-was traditionally afforded a majority of government positions.

However, the new amendments have shifted the balance significantly in favor of increasing reservations for the STs and other groups. They argue that such a shift undermines merit and disproportionately favors those in the reserved categories, including candidates from wealthier or more advantaged backgrounds, who could also fall within the open merit category.

Meanwhile later in the day Merit-based students called off their sit-in after Chief Minister Omar Abdullah promised to submit a report on reviewing the Jammu and Kashmir reservation policy within six months.

The Chief Minister took to the micro-blogging site X, stating, “Today I met the representatives of the Open Merit Students Association. The beauty of democracy is the right to be heard and to engage in dialogue in a spirit of mutual cooperation. I have made certain requests of them and given them a number of assurances. This channel of communication will remain open without any intermediaries or hangers-on.”

Member of Parliament Aga Ruhullah Mehdi, who was leading the protest, spoke with reporters after meeting with Chief Minister Abdullah alongside the student delegation. He expressed the importance of ensuring that the government listens to their grievances and emphasized that a result-oriented discussion should take place.

“I am thankful that the Chief Minister has provided a timeframe for resolving the issue within six months. The cabinet sub-committee will make a decision within this period, although it doesn’t mean it will take the full six months; it could be resolved in two months as well,” he said.

He acknowledged that while it is a positive development to have a timeframe, there are limitations since the Rules of Business have not yet been notified.

Student representative Sahil Parray, who participated in the meeting with the Chief Minister, expressed that they are “almost satisfied” with the assurances received from the highest office.

“The Chief Minister patiently listened to us for an hour. We called off the sit-in after receiving assurance that the cabinet subcommittee will submit the report within six months. The panel will meet with students, and the best part is that he acknowledged the issue is genuine and will work to resolve it,” Parray added.

(With Inputs from Agency )

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