J&K’s tribal population sees better tomorrow, its issues resolved in UT

JAMMU: Before the ‘special status’ of the north Indian state of Jammu and Kashmir was abolished by the Union government on August 5, 2019, the tribal population had never been able to avail full-fledged benefits of their Scheduled Tribe status, given the lack of implementation of various laws and measures, and also the general indifference.
As per a document accessed by The News Now, that dates back to the year 2018 when PDP-BJP were still in a coalition government, the erstwhile state’s Tribal Ministry had flagged off certain issues being faced by the STs of J&K, categorized under the titles - sense of insecurity, settlement, lack of infrastructure, and educational backwardness. These issues persist till date.
However, in the Union Territory of J&K sans Article 370, it is being hoped that the aforementioned issues will be resolved.
“The tribal people and other forest dwellers could not feel safe in J&K on account of misuse of Section 188 of RPC as well as Prevention of Cruelty to Animals Act 1960, no legal provision to prevent atrocities committed against STs, harassment by government agencies, etc. Their Scheduled Tribe status also couldn’t help them feel safe in all these years,” says the official wishing anonymity.
Pertinently, Section 188 of Ranbir Penal Code (RPC), which no longer exists in the Union Territory of J&K, dealt with the acts of disobedience committed against the orders passed by a public servant (District magistrate).
The official adds, “The Prevention of Cruelty to Animals Act 1960 was used to ill-treat the tribes whose main profession is to rear animals and migrate along with them seasonally. Further, the Scheduled Castes and Scheduled tribes (Prevention of Atrocities) Act 1989 of the Indian Constitution was not extended to J&K state because it was a special state protected by Article 370 and Article 35A, which could have helped check brutality and heinous crimes against these communities.”
A prominent voice for the marginalized community in J&K has said, “India believes that tribes are protectors of forests, and no one should disturb them, while in Jammu and Kashmir, the tribal people like Gujjars are seen as destroyers of forests.”
The official mentions, “Going against the national tribal policy, the erstwhile state governments frequently and forcefully evicted tribals from their place of settlements. They were not even provided proper compensation or rehabilitation. But they had nobody to go to.”
Pertinently, a sizable population of Scheduled Tribe lives in jungles or state lands adjacent rivers. They have kuccha houses made of grass and mud.
According to the document, Tribal Ministry suggested a special census/survey of tribals of J&K, to be able to formulate policies or action plans for them.
“We had proposed timely GIS mapping of the tribal habitats. This could have helped in devising and implementing tribal sub plan. Another suggestion was that the consultants be hired for formulation of 3-year action plan and a comprehensive settlement policy. The basic idea, also enshrined in the national tribal policy, is that the tribal culture must be protected and preserved,” says the official.
As per NITI Aayog and Union Government’s guidelines, J&K needed a separate tribal sub plan in proportion to population.
He adds, “When it comes to infrastructure, these tribals did not have access to basic facilities like water, electricity, roads, schools, and hospitals. Union Government’s funds available under Article 275(1) - 50 crores – was meager to fill the critical gaps.”
Moreover, the literacy rate among the tribal population was dismal and the school dropout rate was alarming, for which the then Tribal Ministry had planned to build residential schools with sufficient hostel facility –opening new schools and strengthening the existing ones.
Pertinently, what the document missed was employment and political representation issues.
“The tribals lack the skillset and vocational training required for jobs other than their traditional professions. Further, the reservation in education and employment was not corresponding to their population. The worst was having no political reservation at all and being exploited by political parties as vote banks,” says a local belonging to one of the nomadic tribes.
“Many central acts have now been extended to Union Territory of J&K, or will be extended gradually. The Tribal Affairs department is working on almost all the projects it had planned to do. The center is giving grants, and we need to utilize them efficiently for the benefit of tribals with coordination among all the departments and districts. It is also being hoped that delimitation process, a long pending demand of the tribals, will be started soon,” remarks the official.