February 9, 2024
Jawhar Sircar’s speech during the discussions on The Jammu and Kashmir Local Bodies Laws (Amendment) Bill, 2024, The Constitution (Jammu and Kashmir) Scheduled Castes Order (Amendment) Bill, 2024 and The Constitution (Jammu and Kashmir) Scheduled Tribes Order (Amendment) Bill, 2024
Sir, thank you for giving me the time to say a few words on the Constitution (Jammu and Kashmir) Scheduled Castes Order (Amendment) Bill, 2024. Sir, I would start by noting that gujjars and bakarwals are among the STs who are being given reservation under this Order. It is very strange that selective Muslim tribes have been brought in into the Scheduled Tribe Order whereas Muslims are debarred by and large from availing of SC and ST facilities. If there is a Christian ST, a tribal who has adopted Christianity as his religion by volition or by whatever historical reasons, he is debarred. But here you bring a constitutional order bringing one section of the Muslims as ST to give them security, reservation privilege. Basically, Sir, I can submit that it is divide and rule. When you talk of gujjars and bakarwals, this Government has made a lot of outreach to them. We are aware of it. We are also aware of the firing on civilians that took place recently after an encounter incident which is very sad because the victims were the same gujjars and bakarwals. Of course, enquiries have been taken up. Now the issue that I would like to raise, if you kindly permit, in the context of J&K and in the wider context is that the politics of castes and tribes is a colonial hangover. When you speak of colonial hangover, why do you perpetuate it? Either you accept the fact that certain people in India who are deemed to be Scheduled Tribes today have gone through the same experiences of repression, deprivation, subjugation and non-entitlement. Just because a part of them have moved on to accept some other religion, you cannot go on penalising them. You burnt them when they were Hindus. You boiled them. Now they have left Hinduism. You can’t have it two ways. छाती बड़ी कीिजए, िदल बड़ा कीिजए। This is not the way to run a country. When I look back at the steps taken by the Government, even in J&K, I am tempted to point out developments in my State of West Bengal. The literacy rate of SCs and STs in West Bengal is at least 8-10 per cent higher. If you want, I can quote it. The all India SC Gross Enrolment rate is 75 and ours is 85. On every count, when you wonder why West Bengal stands ahead of certain other States in terms of social equity and justice, you must look back at these figures. It is good that you have gone in for reservation. I hope that the Scheduled Castes that you are talking about are locals. There is a feeling that the locals are being pushed back to the wall. There is a feeling that this Government is blase, is indulgent when it comes to reservation. My good friend Neeraj Dangi mentioned about the De-reservation Order that the UGC had drafted. Sir, I express the apprehension of the House across the Benches at the fact that the reservation policy is being nibbled away and is sought to be diluted. It is not in the interest of the nation to seek excuses and to keep diluting the order. It was started with De-reservation Order on SCs and STs in education. Tomorrow, it will extend to employment. Tomorrow, it will extend to other area. Please take a firm resolve across the table that de-reservation is a crime. It should not be touched. Whereas if you do not find suitable candidates even after the second or third attempt, dilute the provision by 10-20 per cent. But please do not touch reservation. Please do not go in for any step that militates against centuries of oppression. Sir, about Kashmir, I would humbly submit this. I would not get into the politics of a State in which security is involved but I would humbly submit that there is a vast and a strong impression that we are acting almost as an occupation force. This impression should not be there. We should get into the hearts of the people and not talk down to tell them what is wrong with them. No people anywhere in India would accept a forceful order telling them how to behave. We have to make sincere attempts to give the feeling that law and order is a select subject, is a surgical matter and not a boxing glove. That is all. With that, I have made my comment on both the Orders. Thank you, Sir.
