Jammu and Kashmir’s new reservation policy must represent aspirations of all sides

By Shahid Ul Islam

The central government announced a new reservation policy early this year, triggering debate and controversy across Jammu and Kashmir (J&K). This policy added a further 10 percent reservation to some new groups within those listed in the Scheduled Tribes (ST) category, further complicating an already politically-charged situation.

This raises all sorts of concerns for various communities and political leaders.

J&K Reservation Policy: A historical overview

The reservation system in J&K has evolved significantly over the years.

The inaugural Reservation Act, implemented in 2005, aimed to allocate quotas for Scheduled Tribes (ST), Scheduled Castes (SC), residents of backward areas (RBA), and individuals residing near the Line of Actual Control (LAC). In those days, Other Backward Classes (OBC) were formally not given recognition separately and were kept within the category of Socially and Economically Backward Classes.

In 2019, the Constitution of India (Application to Jammu and Kashmir) Amendment Order, 2019 was promulgated after abrogation of Article 370, which included 10% reservation for Economically Weaker Sections (EWS) in J&K under the 103rd Indian Constitutional Amendment Act. This added up to a total of 60% reservation in the region, which was more than the 50% cap prescribed by the Supreme Court.

But the introduction of EWS led to a reduction in RBA's quota that felt satisfactory for some communities. The reservation policy is enforced at the point of admission in government institutions of higher education and in government jobs.

The 2024 amendments and controversy

The Pahari-speaking population has also been granted 10% reservation under the 2024 new reservation policy which added another layer of complexity.

This decision had sparked protests, especially among the Gujjar community that believed its rights were being denied. Several Gujjar leaders were quick to hit out at the policy, dubbing it politically-motivated and accusing the government of trying to curry favour with the Rajouri-Poonch and Anantnag Lok Sabha seat in the 2024 elections. If that was indeed the goal of the strategy, it backfired as the National Conference’s Mian Altaf won the seat. It was evident that the policy could only create minimal political impact.

The revised system introduced the following reservation percentages.

J-K New Reservation Policy: Categories and quotas

This adds a 60 percent reservation quota and, in effect, shrinks opportunities left to the Open Merit (OM) category. With horizontal reservations (for persons with disabilities or women, for instance) included, the OM category has less than 40% of the pool available to it.

J&K Reservation: Features and impact on communities, governance

The granting of ST status to the Pahari-speaking people has led to friction between different groups in J&K. The same quotas of EWS, RBA and ALC have been delivered to Paharis before.

This new entry in the ST list is being viewed as an infringement on the share of existing ST communities such as the Gujjars and Bakerwals.

The policy has also sparked wider concerns about its implications for governance and social cohesion. According to critics, the new policy deepens rifts between communities and has division written all over it rather than the desired outcome of equity and togetherness. Srinagar MP Syed Ruhullah Mehdi is among political leaders demanding a re-constitution of the reservation quota in a fair and transparent manner.

Shahid Ul Islam

J-K Quota Policy: Political, social implications

The policy has triggered unprecedented protests and political mobilisation. Almost all political parties have come together in a rare display of unity and demanded a review of the reservation policy in India. A delegation of five members met the chief minister Omar Abdullah, who assured that a sub-committee would examine the reservation policy within six months.

The response has, however, invited some doubt; some feel it does not contain near-term action or concrete commitment to substantive reform.

The road ahead

The new reservation policy has opened a Pandora's Box of issues and demands immediate attention. Though the promise of a review is a silver lining, the time needed to act suggests the spirit of the government was never in this.

The difficulty is in creating space for new groups while maintaining the rights of pre-existing communities. But in the future, the government should ensure transparency and inclusivity when formulating reservation policy.

This policy must be representative of the regional aspirations on all sides, and must be guided by those who will be affected by it. Only this will enable the government to attend to increasing anxieties and seek a more just and cordial society in J&K.

Shahid Ul Islam a final-year law student and activist from Anantnag, Jammu and Kashmir