In a recent development, the High Court of Jammu and Kashmir and Ladakh has issued a compelling directive to the Central government and the local administration, demanding a response by August 12 regarding the contentious inclusion of Pahari-speaking communities in the Scheduled Tribe list. This move follows a persistent legal challenge against the Constitution (Jammu and Kashmir) Schedule Tribes Amendment Act, 2024, which granted 10% reservation to four tribes, including the Pahari Ethnic Group.
Initially flagged in April, the court’s patience wore thin during the July 3 session, where it hinted at potential interim relief for petitioners should the authorities fail to furnish a timely response. Justices Tashi Rabstan and Puneet Gupta underscored the urgency, emphasizing that the lack of a government response could prompt immediate judicial action.
The petitioners argue vehemently that the inclusion of these communities lacks empirical justification, casting doubt on their tribal credentials and raising concerns about the dilution of protections for existing Scheduled Tribes. They contend that these additions, primarily upper-caste groups from regions like Poonch and Rajouri, could compromise the legal safeguards against discrimination under the Scheduled Caste/Scheduled Tribe (Prevention of Atrocities) Act.
With the court setting the next hearing for August 12, the spotlight remains on whether the government will meet the deadline and how the judiciary will respond if they do not. This legal tussle, driven by Senior Advocates PN Raina and advocates JA Hamal and Ankit Dogra on behalf of the petitioners, marks a critical juncture in defining tribal rights and legal protections in the region.
