Harry Walia, PGD, IIMC Jammu

Assessment of implementation of Scheduled Tribe status for the Gujjar Community (Jammu Region)

Acknowledgment

On the very outset of this report, I would like to extend my sincere & heartfelt obligation towards all the personages who have helped me in this endeavour. Without their active guidance, help, cooperation & encouragement, I would not have made headway in the project.

I am thankful to Mr. Anubhav Mathur, Asst. Prof. IIMC Jammu, without whose guidance and motivation, this research would not have been a success.

I would also like to provide our heartiest gratitude to Mr. Manohar Khajuria, Regional Director, IIMC Jammu, for providing us with this opportunity to conduct a research on our own in our preference area.

Lastly, I am thankful to my family and friends for their support and suggestions.

Any omission in this brief acknowledgement does not mean lack of gratitude.

Thanking You, Harry Walia

Abstract

The Gujjars are nomadic herdsmen, who were given Scheduled Tribe (ST) status in the year 1991, make their living by rearing animals-sheep, goats, horses, buffaloes, etc. Their life-style is quite simple but toilsome. Movement is the essence of their life. This community is one of the oldest among Indian races. Their past has been one of the active participation in culture formation process. The name of the Gujarat state is also said to be the derivation from Gujjar word, owing long momentous history of time when they held sway over power. All through, they have continued to be the most important segment of population in view of their role in meeting the dairy needs of the people of the states.

Considering the „isolated‟ and „exploited‟ population and „socio-economic and political‟ backwardness of this ethnic group, it becomes important to reflect upon their status as a Scheduled Tribe in Jammu and Kashmir, after 27 years of the ST order.

The meager level of privileges being imparted to the Gujjars in Vijaypur, Samba District (Jammu Region), is in disharmony with their cultural life and needs. Besides, the system suffers from general pitfalls there are conflicting in ideologies. There are many drawbacks within the educational system itself, such as alien medium of instruction, and unsuitable working hours.

The inherent apathy continues in the Employment sector as well. None of the members (barring one-two) of the community pursues any other profession other than cattle rearing. Although awareness about reservation in Government jobs (and J&K Bank) is high, with almost 60% of the populace in the know-how of the quota, the availing part remains negligible.

As far as political representation is concerned, most of the people knew about the MLAs or MLCs in the state assembly, who belong to their community. The Gujjar community has their own Numberdaars, who are equivalent to a Sarpanch, and people look up to them as their leaders, who can further take up their issues with officials.

Most of the people had very limited knowledge about their forest and land rights. Only one person, who was the most literate of them all, knew that a central act

(Forest protection act 2006) for the benefit of tribal communities, who live in forests, was not implemented in the state of Jammu and Kashmir.

They are being asked or rather threatened by local leaders and officials, to leave the place, for the land is to be used for the construction of AIIMS. The efforts to rehabilitate them have been made or „promised‟, like providing them with a plot of 10 marlas or 1 kanals, which is not sufficient for these families and their animals. Also, the proposed land lies near a river, and is prone to floods. The final rehabilitation is yet to be decided, which this community can agree upon.

Though there are available organizations, both Governmental (Tribal Ministry) and Non-Governmental (Gurjar Desh Charitable Trust, Tribal Research and Cultural Foundation) to serve the purpose, the community is still left wanting for more. The government can encourage private sector by providing incentives to invest in their development. The community, somewhat resistant to change, and living in poverty and ignorance, seeks any form of upliftment in the state.

Introduction

The history of settlement of various tribes and cultural groups in the state of Jammu and Kashmir is a record of constant impulses of immigration from the different parts of the world and our own country. Various races, ethnic groups and religious waves have entered and influenced the region.

The twelve Scheduled Tribes, with a population of 14,93,299 account for 11.9 per cent of the total population of the state (Census 2011). These tribes are predominantly rural, as 95.3 per cent of them reside in villages. Gujjars are the most populous tribe with a population of 9, 80,654, forming around 65% of the total Scheduled Tribes population of this state (Census 2011).

Gujjars (and Bakkerwals) are the third largest ethnic community in the state, after Kashmiri Muslims and Dogras. They are a group associated with peasantry, residing on mountain slopes and valleys. They are majorly into animal rearing (buffaloes, sheep and goats) and grain farming (particularly maize) in these areas.

In the Jammu region, the Gujjars, which once used to dominate, have been reduced to a minority and are exploited by different socio-political groups for various gains. The Gujjars here, are mainly dependent on the dairy business, and provide dairy products to whole of the province.

Their physical characteristics, language, customs, dress and economic activities are distinct from other ethnic groups of the state. They have also not adopted the Kashmiri way of life, thereby maintaining their separate identity from the other ethnic groups in the state.

Place Scheduled Tribe Percentage (to the Scheduled Tribe Increase Population total population of Population (2001- (Census 2011) the place) (Census 2001) 2011)

Jammu & 14,93,299 11.9% 11,05,979 3,87,320 Kashmir

Jammu Region

Jammu 69193 4.5% 42089 27104

Doda 39216 9.6% 28400 10816

Kathua 53307 8.6% 33969 19938

Ramban 39772 14% 29353 10419

Reasi 88365 28.1% 60753 27612

Kishtwar 38149 16.5% 27917 10232

Poonch 1,76,101 36.9% 1,49,018 27083

Rajouri 2,32,815 36.2% 1,60,049 72766

Udhampur 56309 10.1% 42875 13434

Samba 17573 5.5% 11740 5833

History

From literary, historical, and archeological sources, we find that:

(a) The word „Gujjar‟ is rooted in the Sanskrit word „Gurjara‟. (b) The term „Gujaratra‟ is also found in Indian literary works around Fifth century AD. Kathiawar and Gujarat had powerful Gujjar rulers, and the area was known as Gujratra. (c) In the Ninth and Tenth centuries AD, the greater part of Rajasthan was called by the name of „Gurjar Desa‟. It is believed that their kingdom was attacked by the Arabs, who were successfully resisted by the Gujjars of the state. (d) The Gujjars from Rajasthan migrated to different places. The Gurjara Pratihara dynasty dominated all over the Northern and North-Western India.

The Gujjars do not yet have a credible record of their origin in the state of Jammu and Kashmir. It is also difficult to ascertain with exactness their migration to the state. The most sought after assumptions for this influx are said to be persistent droughts, insufficient land for grazing in their original lands of Rajputana, Gujarat and Kathiawar, increase in their population, and political or religious persecution in the plains of Punjab by invaders from the West.

They were originally Hindus, but when they settled in the state, they were influenced by Sufism and converted to Islam. Sufism did not discriminate between religions and was not rigid. Moreover, they were provided with food, land etc.

Hence, Gujjars were inclined to adopt the new religion, and ultimately accepted it. Nevertheless, even today, the Gujjars follow some aspects of the Hindu culture and some of Islam, capturing a multicultural religious essence. As Gujjars are nomads, they gladly adopt the local cultures of the places they migrate to, which shows their religious tolerance.

Lifestyle

The Gujjars hold a bit of distinction over other ethnic groups of the state in terms of their culture. They have their own language, customs, traditions, food etc.

The men mostly wear Salwar-Kameez, Vaskat/Angoo and Pagri (Headgear) while the women wear a long gown called Jubo/ Pheerni along with Shawl/Cap and Jutti/ Jora.

Their favorite dishes are „Makki/Bajra ki Roti‟, „Ganhar/Sarson ka Saag‟, Lassi, Kalari etc.

The Gujjars mainly live in „Kullas‟ made from grass, while the Bakkerwals live in temporary Doharas and in Tamboos. Settled Gujjars mainly live in „Kothas‟.

They also converse in their own language called Gojri.

Social Organisation

The sub-tribes of Gujjars are:-

1. Banhara / Dodhi Gujjars

They presently inhabit the areas of Jammu, Udhampur, Kathua and Doda. Their main business is sale of dairy products.

2. Bakkerwal Gujjars

They are found in majority in Kalakote, Reasi, Nowshaira, Bandipora, Shopian, Kulgam, Pahalgam, Tral, and Uri.

Gujjars and Bakkerwals are not different, but one community. It is an occupation- based categorization. Gujjars rear cattle and Bakkerwals rear goat, sheep, and horses.

3. Alahiwal Gujjars

They have migrated from the frontier province of Pakistan, and constitute mostly of nomads.

4. Kanhari Gujjars

They have migrated from the Swat and Hazara areas (presently in Pakistan). Most of them now live in Kalakote (Rajouri District).

5. Semi-nomad Gujjars

They are now largely settled in various parts of the state, but may move to another place if need arises or if they feel to do so.

6. Settled Gujjars

They constitute the people who are leading a settled life in the state. They may be working in Government or Private Offices and are economically sound.

Economy

1. Labor Class

About 60% of the Gujjar population earns its livelihood from labor and related activities for the whole year. They are also called migratory laborers, as they migrate to Punjab and other surrounding states in the winter. A very low percentage of Gujjars also works outside the country, especially Gulf countries. This class is mostly unskilled and has little to no technical knowledge.

2. Agriculture Class

Some of the laborers are engaged in the agricultural sector. But, owing to the non- availability of fertile land, they are not in a position to cultivate lands to their optimum capacity. They restrict themselves to only one crop per year and for the rest of the period, they spend doing labor under landlords (Zameendars).

3. Business Class

This class constitutes of a very minimum percentage of the overall population of this community. Some Gujjars may have their own shops or small businesses. a) Business based on Milk and Milk Products

The Gujjars engaged with the business of dairy products belong mainly to Jammu, Udhampur, Kathua and Doda districts. They are victims of exploitation and do not have required infrastructure and resources. b) Business based on Mutton and Woolen products

The demand for mutton and wool has been met mainly by Gujjars, but, during the last 25 years, the situation has changed. Most of them have now shifted to new professions. Today, about 80% of demand for mutton and wool products is met by the imports. The Gujjar-made products have their market left in Leh, Kargil and other far flung areas only. The middlemen or „Kothidar‟, purchases mutton from them and often exploits them.

4. Service Class

This class includes people who are working in state Government offices. Only 0.01% of the Gujjar population is working in the Central and State Government services, which include a maximum chunk of those who are employed in security forces including the Police.

5. Gujjar Artisans

There is a dearth of trained Gujjar artisans in the state. So, the Barbers, Blacksmiths, Cobblers and other artisans move with Gujjars to various locations and have adopted their way of life.

Politics

After the partition, when Assembly Segments were constituted in the state of Jammu and Kashmir, the tribal and populous Gujjar community emerged as a significant political force. Being a tribal ethnic group, they were united beyond imagination, therefore, it came across as an important vote bank, which was very difficult to ignore or surpass by the political parties of the state.

They play a significant role in political processes and formations. They are a deciding factor in a number of Assembly segments in the J&K state. They are the only community of the state which takes part in the elections in the militancy affected areas, despite the threat perceptions.

As per the 1931 census, Gujjars were the third largest linguistic group and the second largest ethnic group in the region. There were many Gujjars in prominent towns and cities, besides the surrounding areas of Jammu region. It can be analyzed that in RS Pura alone, nearly 85 villages were inhabited by the Gujjars and their names were after the name of Gujjar clans like Kohlyan, Gaiyan, Phalisran, Makhanpur, Gujran etc. But, the partition of the state saw mass killings and the consequent migration of this community, which changed the demographic character of Jammu region.

After Independence, various races and groups tried to emerge on socio-political scenario of the state, but the Gujjars (who were pushed to the remote and far flung areas) lacked behind in all walks of life.

A number of commissions were set up, and panels constituted by the central and state government, from time to time for amelioration of the lot of weaker sections of society in India. Former Minister Ch. Mohd. Shafi Khatana was entrusted with the job of the betterment of both the Gujjar and Bakkerwal communities, and he was given the post of an „Advisor to Government of Jammu and Kashmir for Gujjars Affairs‟ in 1971-72. This marked the first time that political importance of the Gujjars was recognized in order to achieve maximum gains. At that time, a good chunk in the budget outline of the state was specified for the development and welfare of the Gujjars in the state. During 1971-72, funds were also earmarked and placed at the disposal of the District Development Commissioners of different districts for the development of this community.

In 1974-75, Indira Gandhi, the then Prime Minister of India, sanctioned a package of Rs. 13 Crore for the state and for the upliftment of this tribe. Sheikh Mohammad Abdullah, who was then the Chief Minister of the state, constituted the state-level Gujjar Bakkerwal Advisory Board in 1976-77. He appointed his wife, Begum Akbar Jan, as Vice Chairperson of the Board. The Gujjars had found their place in the National Conference hierarchy as well. But they have not found their political reservation, till date.

The Gujjar politics has been mainly influenced by the Mian Family of Wangat Kangan (in Kashmir). This family has been associated with the National Conference regime, and the Congress has many a times sought assistance from the family for achieving their political targets with the help of the Gujjar vote bank.

But the people of this community are thinking to change their political approach towards all the leading parties of the state. Any party in power makes the people of this community work for them and according to them. They are in distress about being treated as a „vote bank‟ or any other gains. As far as the National Conference is concerned, the party they had started to trust for they constituted an „Advisory Board‟ for them, its initiatives for the community got confined to a few meetings in the rural belt, or a few press conferences by prominent Gujjar leaders.

From the information about the community, it is evident that 90-96% of their population is economically backward, and it is fairly easy to exploit them. The national, regional political parties and other elite groups of the area use them as a vote bank and for other gains. The religion-based politics has started to affect them. The middle men and their „babujis‟ (Zameendars) exploit them because of their illiteracy, dependency and unawareness. They are not able to find a „voice in their support‟ to the government. SRO-294 (Jammu and Kashmir Reservation Rules 2005) has also led to confusion, chaos and panic among the SC and ST communities (including the Gujjars).

Scheduled Tribes

India is a pluralist and multi-cultural country with rich diversity. India, the second most populous country in the world, has also the second largest concentration of tribal population. The tribal population represents one of the most economically impoverished and marginalized groups in India. The Constitution of India had recognized tribal population as weaker section of society based on their socio- economic backwardness, the age-old social discrimination and physical isolation that they had been subjected to. Although the tribal are a minority and constitute about 8.2 per cent of the total population in India or 85 million people in absolute number but unlike the scheduled caste population, the tribes are not discriminated against in the same way by the mainstream Hindu population. There are at present more than 700 tribal groups each with their distinct cultures, social practices, religions, dialects and occupations and are scattered in all States and Union Territories in India

T.B. Naik (1972) proposed seven criteria by which a „tribe‟ can be recognized, which are:

 Functional interdependence within the community;

 Economic backwardness;

 Geographical isolation;

 Common dialect;

 Politically a unit under a common tribal authority;

 Own traditional laws and

 Members are averse to change.

Some of the important Indian constitutional provisions for the STs are as follows:

Article 15 (4): The State to make special provisions for the advancement of any socially and educationally backward classes.

Article 16 (1): Equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State.

Article 16 (4): The State to make provisions for reservation in appointment, posts in favour of any backward class citizens, which in the opinion of the State is not adequately represented in the services under the State.

Article 16 (4A): The State to make provisions in matters of promotion to any class or classes of posts in the services in favor of the Scheduled Castes and the Scheduled Tribes.

Article 46: The State, to promote with special care the educational and economic interests of the weaker sections (Scheduled Castes and Scheduled Tribes), and protect them from social injustice and all forms of exploitation.

Article 243 D: Reservation of seats for the Scheduled Castes and the Scheduled Tribes in every Panchayat.

Article 243 (T): Reservation of seats for the Scheduled Castes and the Scheduled Tribes in every Municipality.

Article 244 (1): Provisions as to the administration and control of Scheduled Areas and Scheduled Tribes in any state other than the states of Assam, Meghalaya, Tripura and Mizoram (Fifth Schedule).

Article 275 (1): Provision for payment of grants‐in‐aid to enable the States to meet the cost of such schemes of development as may be undertaken by the States with the approval of the Government of India for the purpose of promoting the welfare of the Scheduled Tribes in that State or raising the level of administration of the Scheduled Areas therein to that of the administration of the rest of the areas of that State.

Article 330: Reservation of seats for the Scheduled Castes and the Scheduled Tribes in the Lok Sabha.

Article 332: Reservation of seats for the Scheduled Castes and the Scheduled Tribes in the Legislative Assemblies of the States.

Article 335: The claims of the members of the Scheduled Castes and the Scheduled Tribes in the appointments to services and posts in connection with the affairs of the Union or of a State to be taken into consideration consistent with the maintenance of efficiency of administration.

Article 338 A: A National Commission for Scheduled Tribes to investigate, monitor and evaluate all matters relating to the Constitutional safeguards provided for the Scheduled Tribes.

Article 339: Control of the Union over the administration of Scheduled Areas and the welfare of the Scheduled Tribes.

Article 339 (1): Appointment of a Commission to report on the administration of the Scheduled Areas and the welfare of the Scheduled Tribes in the States.

Article 340: Appointment of a Commission to investigate the conditions of socially and educationally backward classes and the difficulties under which they labor and to make recommendations to remove such difficulties and to improve their conditions.

In addition to the above constitutional provisions, there are numbers of laws both Central and State, which provide protection and safeguards for the interest of the Scheduled Tribes. Some of the important Central Acts are as follows:

 Protection of Civil Right Act, 1955

 Forest Conservation Act, 1980

 Bonded Labour (Prohibition and Regulation) Act, 1986

 Child Labour (Prohibition and Regulation) Act, 1986

 Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989

 The provisions of the PESA (Panchayat Extension to Scheduled Areas) Act, 1996

 The Schedule Tribes and other Traditional Forest Dwellers (Recognition of forest Rights) Act, 2006

Gujjars as a Scheduled Tribe in Jammu and Kashmir

The National Conference, as a political move, recommended for the grant of the Scheduled Tribe status to the Gujjar and Bakkerwal community in 1988-89. The Congress government at the center, in a wish to use the opportunity in their favor, granted the ST status to the community with the Scheduled Tribe order of 1991. But the party could not consolidate, exploit and propagate its achievements amongst this community and the National Conference, with Begum Akbar Jan at the helm, came to be perceived as the main benefactor of the Gujjar community.

As a Scheduled Tribe, Gujjars in the state must be provided with certain benefits:

 Education (Reservation in professional colleges and universities, tribal schools and hostels, etc)

 Employment (Reservation in state government jobs, other employment opportunities, training, etc)

 Political Representation (Reservation in state assembly, Parliament, own panchayats, etc)

 Forest and Land (Forest dwelling and usage rights, rehabilitation, etc)

 Prevention of Atrocities

 Tribal Commission or Ministry or a department to look after their affairs

 Grants for the Tribal community

The Article 370, which provides a Special Status to the state, prevents the Indian Constitutional to directly benefit the tribe in the state. Also, the funds (central and state) meant for the tribe are allegedly diverted to some other sector. Although, some of the central acts and welfare schemes for the ST have been adapted and implemented in the state, but a lot more needs to be done.

Review of Literature

The Gujjar tribe is considered to be an important and historical tribe belonging to the Himayalan and sub-Himalayan terrains. They had control over various regions in the North India for over a hundred years, but the situation has changed now.

Scholar Mohammed Yusuf Teing, in his research thesis ('Gujjar Shinakhat Ka Safar') writes, "At some point of time, Gujjar was an educated, prosperous and dignified community. Their reference is not restricted to the books of Indian, Persian, Arabic and Chinese histories, but is talked of as to belonging from Gurjistan to Central India.”

There are several interpretations to the word „Gujjar‟, each of which aims at establishing the origins of the tribe. There are about half a dozen Histories written on Gujjars amongst which like Shahan-e-Gujjar, Gujjar Itihas, Gujjar aur Gujri Zaban, Tareekh-e-Gujran, Gujjar Tareekh aur Sakafat . It has been written in all these, that the word Gujjar has been derived from Persian word 'Gauzar' which means body builder (pehalwan) or fighter.

In a book titled 'Harsh Chitra', written in seventh century A.D., it is written that King Harshavardan, who was a Hun, was given the title of 'Garjar Praja Graha' which means „that brave Gujjar who protects his community‟.

A big chunk of scholars agree that Gujjars actually have come from Georgia, which is located in Russia, and is often called as Gurjistan.

Till date, whatever has been said or told about Gujjars cannot be verified logically. However, all scholars agree that this community had arrived in the Indian horizon between fifth to sixth centuries. Gujjars have ruled over Gujarat, Bhopal, Kannauj, Ajmer etc. from fifth century to fourteenth century A.D. Rajtarangni reveals that Gujjars used to rule over the states and surrounding areas of the Kashmir Valley.

With reference to the history of Rajasthan, it has been revealed that Gujjars had been the residents of J&K since third century A.D. to fifth century A.D. However, some scholars are of the view that Gujjars entered J&K in tenth or eleventh century.

Kashmiri Scholar Motilal Saqi has written in his thesis 'Gujjar Pratihaar' as, "Harishchandra and his three generations had ruled in between 550 A.D -640 A.D. After that kings of the royal family had ruled till eight generations. Thus, North India was under the control of Gujjars for 300 years."

Present Day Scenario

According to historians, there are four major reasons for Gujjars to settle in Jammu and Kashmir.

 The wars for throne in Gujarat and adjoining States, resulting in fighting and exodus of Gujjars after their defeat.  The frequent earthquakes and intolerable sucession in Gujarat, Rajasthan and neighboring States.  To explore new meadows and pastures for sustenance of life and cattle.  In addition to the above reasons, after embracing Islam it was also imperative on their part to migrate to new Muslim dominated areas. (Javaid Rahi, Greater Kashmir, July 10, 2007)

Gujjars keep moving all around the year from one pasture to another. Their seasonal movement is purely dependent on the availability of the pasture land. But, from the last few years, their traditional seasonal movement practice has declined due to the instability in the region. According to Javaid Rahi (2009), 37% of the community members have already left the seasonal movement practice and started settling in the safer areas of the country. Their economy is solely based on the livestock which is shattered by the conflict in the region.

A research by Mohd Tufail says that there are many passes in the state which are used by the Gujjar community to oscillate between the winter and summer pastures. The important are in the two border districts of Rajouri and Poonch.

A major chunk of the blame for the Gujjars‟ dilapidated condition has to be accorded to the people‟s resistance to change, as well as their extremely low knowledge of the various schemes and programs put into use by the Government. In a research done by Umer Jan Sofi, only 28% households had knowledge of the

various IRDP (Integrated Rural Development Program)/Special Area Program schemes. Furthermore, the research says that most of the respondents cited corruption, red-tapism, nepotism, political influence and non-cooperation of government officials as the main cause for non-availability of grant of loans and subsidies.

A ray of hope for development and upliftment was seen when Government of India gave the status of Scheduled Tribe to Gujjars on April 19, 1991. At the political level, Gujjars still are not that aware, but their inclination towards education has seen an upward curve. But still, there is still a long way to go as far as acquiring seats for them in state legislature is concerned. In a nutshell, we can say that Gujjars are a distinct cultural, political and social identity as a whole. Although, they still have to go through numerous paths in order to get all the rights they are entitled to. (http://jktribals.page.tl)

One of the reasons for their state of apathy is communal politics. The proposed All India Institute of Medical Sciences in Vijaypur has threatened eviction of 204 Muslim Gujjar families from that place of Jammu region, which is one of the large settlements of this community. (Rayan Naqash, scroll.in, October 8, 2017)

Nine leaders of tribal ethnicity of Gujjars got elected to the 12th Assembly in Jammu and Kashmir. They included seven winners from Jammu and two from Kashmir province. (Business Standard, December 24, 2014)

Nomads may appear to be living an idyllic and carefree life. Far from that, they suffer serious deprivations. The bi-annual migration has taken its toll, as about two lakh nomadic Gujjars and Bakerwals mostly remain illiterate due to lack of education facilities in higher reaches of the state. The absence of education for their children is a major problem. The Jammu and Kashmir Government has come up with the novel scheme of mobile schools. (The Tribune, September 20, 2007)

The literacy rates of some of the Tribal communities of Jammu and Kashmir especially the Gujjars and Bakerwals is low as compared to the national and state average, as per 2011 Census. The literacy rate in India is 73 percent while for STs, it is 59 percent only. In J&K, only 50 percent STs are literate, and lowest figures are for the Gujjar tribe. The main reasons of the low literacy among tribes

are poverty, conflict, topography and superstitions. The female literacy rate in Scheduled Tribe is extremely low as compared to the national average. (Javaid Rahi, Daily Excelsior, December 19, 2016)

During last one year, around 10 members of the tribal Gujjars community have been killed and hundreds others injured in the shelling and firing along the LoC and International Border in Jammu and Poonch districts, triggering migration of about 16000 people from the border hamlets. During the 1947, 1965 and 1971 wars, the Gujjars have faced the major brunt as they were killed in large number along the LOC and International Border. (Indian Express, October 2, 2016)

The Gujjars and Bakkerwals protested in demand of extension of center‟s Forest Rights Act, 2006 to Jammu and Kashmir State. They urged the government to treat them at par with other Scheduled Tribes of the country and grant them their forest usage and dwelling rights. (Daily Excelsior, February 13, 2015)

Objectives

To study the how far the Scheduled Tribe status has been implemented in the state of Jammu and Kashmir, specifically for the Gujjar community (Jammu Region)

To study the reasons behind the problems in implementing the Scheduled Tribe status in the state of Jammu and Kashmir, specifically for the Gujjar community (Jammu Region)

To study the awareness amongst the Gujjar community (Jammu Region) about their rights and privileges as a Scheduled Tribe as guaranteed by the Constitution of India

To explore the attempts made by the State Government and/or NGOs to provide benefits to the Gujjar community (Jammu Region)

To study how far the Gujjars have utilized the benefits given by the State Government for their upliftment through various schemes

To suggest some measures/strategies for the betterment of the Gujjar community as a whole

Methodology

The present study entitled „Assessment of implementation of Scheduled Tribe status for the Gujjar Community‟ was conducted in Abdullian Basti of Vijaypur block/Tehsil of Samba district (Jammu Region). The study was undertaken during the months of January-February, 2018.

Sampling Technique: Purposive sampling technique was used to select the area of Vijaypur for the present study. The respondents in that area were selected randomly for gathering information. The method of data collection was Qualitative.

Judgmental sampling technique was used to select the experts for the present study. The respondents, who belonged to Government Departments/NGOs working for the cause of the community, were selected on the basis of their knowledge on the subject. The method of data collection was Qualitative.

Sample Size: The sample size from the area, was 15 respondents from about 200- 250 households (Deras). Both men and women were included in the samples.

Three expert respondents from three organisations, both Government and NGOs, were chosen.

Tools for Data Collection: The research tools of Questionnaire and In-depth interviews (IDIs) were used for data collection. First of all, a well- structured questionnaire was prepared for the data collection, aiming at collecting data pertaining to four parameters: Reservation in Education, Reservation in Employment, Political Representation, Forest and Land Rights. The questionnaire was divided into different sections to collect the required information. Separately, detailed interviews were conducted with the respondents, as well as noted experts having great insight on the topic.

Data Collection: Two types of data was collected from the selected areas – one was primary data which included collecting first-hand information from the Gujjars of the selected area and experts, while the other was secondary data. The secondary data was collected from books, journals, websites, research papers, and a few resource persons. The research tools were administrated as per the

convenience of the Gujjar community members. Later, the data was analysed using qualitative analysis.

Hypotheses

The implementation of Scheduled Tribe status for the Gujjar Community has not been carried out fully and properly in the state of Jammu and Kashmir, as guaranteed by the Constitution of India for any Scheduled Tribe of the country

The Gujjar community of Jammu and Kashmir State, as a Scheduled Tribe, itself is not aware of all the rights and privileges demarcated for them in the Constitution of India

The tribal Gujjar community is facing discrimination and exploitation pertaining to their forest and land rights, reservations in Education, Employment and Political representation

Data Analysis (Questionnaire)

Reservation in Education

1. Are you literate?

12 11

6 4 4

0 Yes No

2. Upto which class have you studied?

Only one person was found to have done Post Graduation (M.A. in English and B.Ed). Most of the literate respondents had dropped out from the school before 10th class.

3. Please check the correct option(s):

Facilities Awareness Availing

Mobile Schools 12 0

Gujjar Hostels 8 1

Reservation in Professional 6 0 colleges and Universities

Reservation in Employment

1. What is your primary source of income?

Primary Source of income

1 Government grants/aids Government Jobs Own Business Private Employment Any other 14

2. What is your monthly average income?

The State Government employee was able to earn Rs. 40,000/- per month. While others, who were indulged in their own business of dairy could earn some money for their and their dairy animals‟ survival.

3. Are you aware of reservation in State government jobs?

14 12 12

6 4 3 2

0 Yes No

4. Are you currently availing the reservation in State Government jobs?

Only one person, who was a State Government employee, was availing the reservation. A very less number of the people had tried to apply for the job in State Government, while the others were busy with their dairy business.

5. Are you aware of reservation in J&K Bank?

Only one person knew about this benefit scheme started for the Gujjar community.

6. Are you currently availing reservation in J&K Bank?

No person was availing this benefit.

Reservation in Political Representation

1. Do you know any representative from your community for the following :

Yes No Can’t Say

Indian Parliament 3 12

State Assembly (MLCs and MLAs) 13 2

Panchayat 5 2 8

State Judiciary 2 3 10

Civil Administration (IAS, KAS) 2 8 5

Municipality 1 7 7

2. Are you aware of your voting rights?

All the people knew about their voting rights.

3. Do you vote in the elections?

The entire community of the selected area votes in the elections.

4. Are you aware of the State Advisory Board for the development of Gujjars and Bakkerwals?

10 9 9 8 7 6 6 5 4 3 2 1 0 Yes No

5. Which of the following options did you turn to, to redress your issues, if you had any?

2 1 Panchayat 15 MLAs/MLCs 12 Municipality Police Judiciary 0 NGOs 15

Forest & Land Rights

1. Are you aware of your forest & land rights?

14 12 12

4 3

0 Yes No

2. Are you currently availing your forest & land rights?

No one was availing these rights.

3. Since how long have you been living here?

All the people in the area had come to this place in 1999, the time when Kargil War started.

4. Who is the owner of the land that you currently reside on?

The land was Government owned.

5. For what purpose do you use this land?

The people used the land for accommodation and rearing cows, buffaloes, goats, sheep, horses, etc. The people were involved in dairy business, so the land was also commercially used.

6. Were you asked to evacuate the place? By whom and for what reason?

The entire population of the community of this particular area was „threatened‟ to evacuate the place.

They accused Jammu and Kashmir Government, MLAs of their area (Chanderprakash Ganga), District Commissioner Samba, Forest Minister (Choudhary Lal Singh) and the forest and revenue departments.

The reason, for which they‟ll have to leave this land was the proposed AIIMS on the same land.

7. Were attempts made for your rehabilitation (like establishing Gujjar Colonies)?

Yes, attempts were made for their rehabilitation.

Q. Do you have, in your possession, an ST certificate?

12 10 10

6 5

0 Yes No

a) If Yes, then how did you come to know about it?

1 Word of Mouth 2 Awareness from education

Government requirement 2

b) How did you obtain it?

They obtained it by following a long government procedure. They visited authorities like Patwaris, Tehsildars, etc. and furnished required documents.

Q. Do you have, in your possession, a State Subject certificate (Permanent Resident Certificate)?

12 11

6 4 4

0 Yes No

a) If Yes, then how did you come to know about it?

2 Word of Mouth

Awareness from education 6 3 Government requirement

b) How did you obtain it?

They obtained it by following a long government procedure. They visited authorities like Patwaris, Tehsildars, etc. and furnished required documents.

Q. What are the major grievances/problems that your community is currently facing? a) Education

 “About 200-250 children study in the school, which has no proper facilities and adequate staff.”  “We never went to school, neither our children. But we do know that education is important for everyone.”  “Children in our community leave the school or do not study at all, because they have to work with their family in their dairy business.”  “We have only one school in our basti, which is till class 8th. A minister promised to provide upgrade it as a High school, i.e. till class 10th and provide adequate staff and infrastructure. But nothing is done in practice.”  “Reservation in colleges and universities, or accommodation in Gujjar hostels is insufficient for the growing population of our community.”

b) Employment

 “We are not able to avail the reservation benefits in the state government jobs.”  “We lack avenues and opportunities for employment in the state. The literates find dairy business as a forced option for employment.”  “The government can start short term bridge courses for skill development, which can provide formal education to the people, who are less eligible for a particular job, under a special recruitment drive for our nomadic community. There are about 150 people, who are in the age group of 18-35, and they can be atleast recruited as fourth class employees in the state government.”  “We have our own dairy business and we want to follow the same profession. We do not have skills to do any other job, even if we want to.”  “The dairy business has become a costly affair for us and government should provide some loans, grants or aids to facilitate our business.”

c) Political Representation

 “There‟s no one to represent our issues. We feel abandoned, exploited and ignored.”  “Some of the people of community, especially women, could not find their names in the voting list, while some of them do not have their voter cards.”  “Our community does not have a reservation in political representation, which is a constitutional provision for Scheduled Tribes.”  “We do not know about such provision for us.”

d) Forest & land

 “We do not know about such provision for us. We only know that we are living here since 1999 and now, we are being asked to leave this place”  “We are forbidden to go the forest land across the road. Earlier, Forest and Revenue Department used to charge us for grazing our animals in that land.”

 “We do not have our own agricultural land. During Kargil war of 1999, State government evacuated us from Ramgarh (near the border) and allowed us to settle here. Now, we are being threatened to leave our homes, where we have been living for 20 years.”  “The government should also adopt the Indian constitution‟s Forest protection (dwelling and usage) act of 2006, so that the tribal communities can be benefitted. Or, they should provide us with the rights and freedom we had during the reign of Maharajas.”  “If we have to leave this place, the rehabilitation should be sufficient for our families and animals. We do not want 10 marlas land in a flood prone area. Also, we should be provided with some kind of monetary compensation.”

Findings

Education:

More number of males went to school than females. So literacy in males was more.

The common reason for not going to school or drop outs was the family business of dairy products. They avoided pursuing higher studies.

Also, the nomadic life or uncertainty of their settlement was an issue for not enrolling in the schools.

The school in the area under study lacked proper infrastructure, staff and quality of education. It was only a middle school, i.e. till class 8th.

Moreover, people were themselves resistant to send their children to the school, especially girls. The resistance was more for higher studies.

Most people had awareness about some educational schemes launched for them like Mobile Schools and Gujjar Hostels, but rarely any person was availing them. Some of them were also aware of the reservation for their community in professional colleges and Universities. The reason can be their resistant attitude towards education. They did not feel the need to study, so they did not need such schemes.

Employment:

The entire area was mainly dependent on their dairy business. But, looking after dairy animals and meeting their ends was a difficult task for them.

They were mostly aware of the reservation for their community in State Government jobs. Those who wanted to avail this benefit had low level of literacy and skills, while others wanted to stick to their dairy business.

The area under study had only three people employed with state government – one as teacher and two as policemen.

Rarely anyone was aware of the reservation for their community in J&K Bank and no one from the area under study had availed this benefit.

Political Representation

Most of the people knew about the MLAs or MLCs in the state assembly, who belong to their community.

Literate people had more awareness about the representatives belonging to their community in different avenues like Indian Parliament, State Panchayats, Judiciary, Civil Administration and Municipality.

There was awareness about some MLAs and MLCs from Gujjar community among illiterates and people who were limited to the area.

The Gujjar community has their own Numberdaars, who are equivalent to a Sarpanch, and people look upto them as their leaders, who can further take up their issues with officials.

Most of the people were exposed to some of such representatives in the state, so they come to know them.

The people vote in the elections with great interest, but the recent voter list did not have the names of all the people from the area.

Very few had become BJP supporters as they had some hope that they would address their issues, but are highly disappointed with them now.

Forest & Land Rights

Most of the people had very limited knowledge about their forest and land rights. Only one person, who was the most literate of them all, knew that a central act (Forest protection act 2006) for the benefit of tribal communities, who live in forests, was not implemented in the state of Jammu and Kashmir.

They were asked to move from Government allotted land in Ramgarh during Kargil war (1999) and the entire community has been living in this Government owned „forest‟ since then.

They all use this land only for accommodation and rearing animals (cows, buffaloes, goats, sheep, horses, etc)

They are being asked or rather threatened by local leaders and officials, to leave the place, for the land is to be used for the construction of AIIMS.

The efforts to rehabilitate them have been made or „promised‟, like providing them with a plot of 10 marlas or 1 kanals, which is not sufficient for these families and their animals. Also, the proposed land lies near a river, and is prone to floods.

The final rehabilitation is yet to be decided, which this community can agree upon.

One or two families have moved to the new land.

Required Certificates

Most of the people do not have their Scheduled Tribe certificates, because they did not know about it. Some of the people, who knew about the certificate, also did not have this certificate.

Some of the people have got their State subject certificates, to establish themselves as „Permanent residents‟ of Jammu and Kashmir. They have brought their pre- independence records from Doda-Bhadarwah

The procedure of getting both the certificates is long and involves giving bribes.

Data Analysis and Interpretation (Interview)

1. Javaid Rahi is an India scholar of history. He has been the recipient of a number of national awards, including a National Fellowship from Union Ministry of Tourism and Culture, New Delhi, in 2000 for his outstanding contributions in the field of Tribal and Nomadic Research, and is noted for his work for the preservation and propagation of the Gujjar Culture. Prolific English and Gojri writer, editor, researcher, columnist, tribal activist, and analyst of national repute, Dr. Javaid Rahi is a prominent name in Social and Tribal circles of Jammu and Kashmir. He is the Secretary of Tribal Research and Cultural Foundation, a pioneer NGO working on tribes of India especially on Gujjars-Bakkerwals. He has been associated with various projects of studies, surveys, seminar and conferences being organized by various organizations including State Government and Gurjar Desh Charitable Trust Jammu.

2. Masud Ahmed Choudhary is a prominent educator, social reformer, thinker and administrator of Jammu and Kashmir State. He is the founding Vice Chancellor of Baba Ghulam Shah Badshah University in Rajouri. In 2014, the university awarded him the honorary degree of Doctor of Letters for his extraordinary contributions to Indian society, especially in the fields of education and social development. He is also the Chief Patron of the Gurjar Desh Charitable Trust Jammu founded in 1989, which is a voluntary organization established with the objective of improving the condition of the tribal and marginalised community of Jammu and Kashmir. His efforts have won national and international recognition.

3. Mukhtar Ahmed Choudhary is presently Secretary, Jammu and Kashmir State Advisory Board for Development of Gujjar-Bakkerwal.

Masud Ahmed Choudhary:

Education - “The community is mostly illiterate and has little or no interaction with the educated people, since they live away from the society. It is itself ignorant about the need of education and their privileges (reservation in colleges, universities, mobile schools, hostels etc). The apathy of government and locals towards this community also take the blame for their poor literacy.

There is a partial implementation of the Scheduled Tribe for Gujjars of the state, in the field of education. The mobile schools have proved a failure, because of various reasons. The Gujjar households lie at a distance from each other, so mobile schools are sometimes, far for many people. Also, a rich person in the community may persuade the school to be built near his dera. The government rather should emphasize on residential schools, where children can live and study, even if their family moves with change in season. The Gujjar hostels, less in number, have very low intake capacity as compared to the population they cater to. Most of the students, who enroll themselves in schools and hostels, are those who live near the „cities‟ and have awareness about such initiatives. We can say that the education is lopsided.

But, whatever has been provided, people have benefitted from it. Baba Ghulam Shah Badshah University was set up in a Gujjar populated area of Rajouri and we allowed reservation there. In our organization, Gurjar Desh Charitable trust, we have provisions for education for nomads.”

Employment- “Employment reservation for the Gujjar community is somewhat fine. Some of the students from our trust have been employed with the state government.”

Political Representation- “The Gujjars have been given no political reservation in the state. There are 9 MLAs from the community presently, but they were elected solely on the basis of their popularity and not by availing the reservation. The funds meant for this community are diverted for some other purpose.”

Forest & Land Rights- “The state government is not interested in extending and implementing Indian laws meant for them, especially the Forest Act, although they have implemented many other Indian laws. The reason they give is Article 370.

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.

Government should have proper and planned rehabilitation when they displace these people. It is the constitutional obligation of any government. 10 marlas is very small piece of land for these people with big families and animals.”

Solutions- “The problem with this community is the general indifference of public and government towards them, and their ignorance. They wouldn‟t ask for their rights because they don‟t know and government wouldn‟t give them their rights because it does not feel the need to do so. Mass communication and mass awareness is required to make the people of community aware of their rights and also, to tell the government that they are also the citizens of the state, who should have equal rights and opportunities. Violation of their rights is a violation of the Constitution.”

Contribution of your organisation- “Gurjar Desh Charitable Trust was established in 1991 to act as a channel between community and government. I find it the only trust on paper, working for the Scheduled Tribes in the state. It registered that they exist and have their own identity. It has a huge library for research and has consolidated most of the work done on Gujjar-Bakkerwals. The trust organizes cultural programs, seminars, workshops, conferences etc. It has tried to highlight the issues of the community on several platforms and provided solutions as well. The government took long time but has accepted some of our proposals.”

Javaid Rahi:

Education- “The census report of 2011 reveals the harsh reality about the literacy rate among Gujjar (and Bakkerwal) tribal community, which is at the bottom of the graph as compared to other tribes of the state. The female population of this community is the least literate of the entire tribal population in the state.”

Tribe Literacy rate Literacy rate Males of the Females of (2001) (2011) total literates the total literates

Gujjars 31.7% 34.4% 57.2% 36.5%

Bakkerwals 22.5% 24.3% 40.5% 22.5%

Gaddi 37.3% 45% 68.2% 38.2%

Barokpa/Dard 55.5% 65.6% 79.5% 55.2%

Purigpa 60.9% 67.4% 78.6% 55.7%

Bot 61.3% 85.3% 79.2% 61.6%

Balti 62.1% 62.1% 82.5% 59.3%

Changpa Not available 54.5% 66.8% 46.7%

Sippi Not available 63.2% 66.1% 39.2%

Moon Not available 66% 81.7% 62.7%

Gara Not available 61.5% 81.3% 58.8%

Beda Not available 62.5% 75% 61.5%

 An upward curve, with 2.7% increase in literacy of Gujjars, has been observed in last ten years. While the Bakkerwals, as a separate tribe, has observed an increase of 1.8% in literacy during the same time period.

“There are 23 functional hostels for Gujjars, for both boys and girls. The number of Gujjar hostels is insufficient for the growing population. Also, the intake capacity of these hostels is restricted to few 100 seats. The condition of these hostels is no good than a jail. The need of the hour is to consider more number of seats, or more number of hostels, in the areas with high Gujjar population.

The mobile schools are probably for children in 6-12 age group, the higher studies are ignored. These should be made functional and increased in number, if the literacy rate has to be improved amongst Gujjars. The parents should be made aware of the importance of education for their children. The mobile schools can be converted to residential schools, where the children can live and study. The children can stay even if their parents migrate to some other place with changing seasons.

About 6% reservation in professional colleges and 3% reservation in state universities is provided for the Gujjar community. This was demarcated, when the population figures had not come out. The reservation has now fallen short and insufficient for such a huge population.”

Employment- “All the Scheduled Tribes, combined, have a reservation of 10% in state government jobs. This affects the opportunities for the Gujjars.”

District Magistrates/Commissioners – 2

Secretary to government – 0

Commissioner Secy to government – 0

Principal Secy to government – 0

Additional Chief Secy to government – 0

DG/ADG – 0

IGP – 0

DIG – 0

SSP (KPS) – 10-12 (J&K)

Divisional Head Directors – 3

Jammu University – 2 Assistant Professors

Kashmir University – 0

High Court – 0 Judges

District Judges/Session Judges – 5

Municipality – Can‟t Say

Government Medical College Jammu – 8 HODs/Doctors

Government Medical College Srinagar – 0

SKIMS – 0

Cabinet – 2

MOS Status – 1 (Vice Chancellor, Tribal Department)

MLA – 8

MLC – 0

MP – 0

Panchayat – To be held

Journalism – 3-4 Editors

J&K Bank – 5 Managers

KAS – 150+

IAS – 10-12

Political Representation- “The Gujjar community has been provided with no reservation in politics in the state. The community which is passionate to vote in elections, even under threats by militants, has been reduced to a vote bank. We do have 8 MLAs and 2 cabinet ministers, but they were elected solely on the basis of

their popularity. The state government has not adapted and implemented various central acts which can benefit the community. Article 370 is used to victimize the Muslim Gujjar community in the state. The provision is being used as a shield against us. Moreover, funds under Tribal Ministry Grant, are diverted for some other purpose. There is a ray of hope, since a Tribal Ministry has been constituted in the state.”

Forest & Land rights- “The country has a Forest Act (2006) for dwelling and usage demarcations, for the tribes who live in forests. The state has not implemented the Act, which benefits the tribal communities, citing the reason as Article 370. The state has no tribal officer, as of now. The Tribal Ministry, constituted in 2015, is expected to work in the right direction and address the issues of the tribal communities.”

Solutions- “We support the concept of reservation, because it implies equality. It empowers the downtrodden. But it should be given after taking into consideration the population figures in different set ups.

The partial implementation of the ST status is a joke for the community. And the reasons given for the same, are excuses for their incapability or shows their disinterest for the development of the tribal population.”

Contribution of your organization- “The organization called Tribal Research and Cultural Foundation, has been able to research and consolidate most of the work on the Gujjars. The main aim and objective of the foundation is to promote educational and cultural interests of the tribes. Also, it works to preserve their cultural heritage and makes every possible effort for their upliftment.”

Mukhtar Ahmed Choudhary:

Education- “The J&K State Advisory Board for Development of Gujjars and Bakkerwals is managing affairs of 23 functional Gujjar and Bakkerwal hostels. Out of these, 17 hostels are for boys and 6 are for girls. The intake capacity of these hostels ranges from 50 to 125 children. One of the hostels is a Post-Graduation hostel for boys in Kunjwani, Jammu. The total number of inmates in these hostels is 2125. Out of these, 1625 are boys and 500 are girls. Inmates are provided free diet, boarding, lodging, educational and other facilities. About 22 new hostels are under construction, one of them is a Post-Graduation hostel in Srinagar and 10 are girls‟ hostels. They would be, probably with an intake capacity of 100.”

Hostel & Place (Jammu Region) Year of sanction Intake capacity

Boys Hostel Jammu 1977 125

Girls Hostel Jammu 1994 125

PG Boys Hostel Jammu 2013 100

Boys Hostel Doda 1999 100

Girls Hostel Doda 2005 75

Boys Hostel Kathua 1981 100

Ramban - -

Boys Hostel Reasi 2008 100

Boys Hostel Kishtwar 2013 50

Boys Hostel Poonch 1981 125

Girls Hostel Poonch 2012 75

Boys Hostel Rajouri 1979 150

Girls Hostel Rajouri 2012 75

Boys Hostel Udhampur 1980 100

Boys Hostel Samba 2013 50

“The J&K State Advisory Board for Development of Gujjars and Bakkerwals is also managing affairs of 400 mobile schools, established since 1975. Here, Gujjar teachers teach students from the Gujjar community. The schools and teachers move along with the community in different seasons. The education is imparted free of cost. But, with the onset of militancy in the Valley in 1989, the movement of Gujjars and Bakerwals was restricted for many years, so the mobile schools started vanishing. As a result, many schools became stationary and were rendered non-functional. Six residential schools are being constructed in the existing Gujjar hostels. Also, the Government is planning to convert all mobile schools and hostels into residential schools.”

 Out of 400, less than 100 schools are found functional.  There‟s no adequate staff and infrastructure in most of the schools.

Employment- “A decision has been taken to train about 1100 young unemployed Gujjars from science stream, both males and females, in paramedical and allied courses. This will make them employable in hospitals, like AIIMS. Also, it is decided to train 1000 children in technical skills, in a short term course.

We are working for the community, but more work needs to be done. The reservation in employment in government jobs should be increased to more than 20% because the population is growing.”

Political Representation- “There‟s no political reservation for the Gujjars in the state, although it is direly required. The voice of the community should be presented properly and the issue has been raised several times in the Assembly. As a Government employee, it is not in my ambit to speak much about it.”

Forest & Land rights- “A Forest Rights Act bill, on the lines of central Act, has been tabled in the Assembly by the State Tribal Ministry. It may be submitted as an ordinance to the Governor also. In addition to this, Scheduled Tribe and Scheduled Caste Prevention of Atrocities Act bill has been submitted.

High level committees have been set up, from time to time, to make tribal policies which will address the issues of the tribal communities. The committees and commissions are headed by Deputy Chief Minister and a group of ministers.

A committee has been set up to address the issue of rehabilitation of the about 8 lakh nomadic/houseless Gujjars, under the Chief Secretary.”

Contributions of your organization- “The department under the chairmanship of Choudhary Zulfikar Ali, has proposed a State Food Policy, to the Revenue Department, in which Gujjars should be provided a ration card, which can be used as a basic proof to establish them as citizens of the state. This will hopefully, enable them to avail ST certificates as well.

A dignified way of dairy business has been proposed called Bulk Milk Coolers (BMC) or Milk Chilling Plants, which would collect milk from the Gujjars, process it, make dairy products, and supply further. To be implemented by JKMPCL, the scheme in its first phase would have 50 units in Samba, 25 each in Kathua, Jammu and Rajouri. It can provide employability to the Gujjars as well.”

Conclusion

Gujjar (and Bakkarwals) is a nomadic tribe of Jammu and Kashmir which was given Scheduled Tribe (ST) status in the year 1991, due to it being a minority and backward community. The Gujjars are primarily nomads who move from plains to the higher altitudes and vice-versa, with their livestock, as part of their annual seasonal journey(s). It is important to understand the status of implementation of Scheduled Tribe status for them in these 27 years. For this, it is required to explore the reasons and circumstances which affect the implementation of the Constitutional and any other provisions for them in the state, and also to suggest some measures to overcome the same.

Living in dilapidated conditions, they are barely able to make their ends meet, as the maintenance of their cattle takes up whatever little amount they earn. With the constant threat of eviction from their area looming over their head, the Gujjars are significantly lagging behind in every walk of life, be it education, employment, or political representation. What worsens their cause is the astute lack of awareness regarding their own rights, with the dismal literacy rate in community. Their constant tussle with the government, as well as with coming to terms with their own identity, adds up to the chaos.

Though there are available several organizations (both Governmental and Non- Governmental) to serve the purpose, the community is still left wanting for more. The government can encourage private sector by providing incentives to invest in their development. Riled with poverty and sans any infrastructure and opportunities, the most populous tribe of Gujjars, seeks any form of upliftment in the state.

References

1. The Gujjars (A book series on different aspects of Gujjar Tribe), Volume 4, Compiled by Dr Javaid Rahi, J&K Academy of Art, Culture & Languages 2. The Schedule Tribes and other Traditional Forest Dwellers (Recognition of forest Rights) Act, 2006 3. http://www.censusindia.gov.in/ : Census 2001, 2011 4. https://web.archive.org/web/20100605042409/http://censusindia.gov.in/Tabl Ta_Published/SCST/scst_main.html 5. http://www.jkscstbccorp.in/schemes-scheduled-tribes.htm 6. https://tribal.nic.in/ 7. https://javaidrahi.wordpress.com/ 8. www.jktribals.page.tl 9. https://en.wikipedia.org/wiki/Gurjar 10. https://web.archive.org/web/20050220224316/http://www.expressindia.com/ fullstory.php?newsid=13233 11. https://www.dailyexcelsior.com/gujjars-of-jammu-and-kashmir/ 12. https://www.dailyexcelsior.com/gujjars-in-himalayan-states/ 13. https://www.dailyexcelsior.com/gujjar-bakarwals-protest-extension-forest- rights-act/ 14. https://indianexpress.com/article/india/india-news-india/gujjars-in-jammu- and-kashmir-want-govt-to-help-them-relocate-to-safer-places-post-surgical- strikes-3061620/ 15. https://www.dailyexcelsior.com/tribal-education-system-jk/ 16. https://www.tribuneindia.com/2008/20080920/saturday/main1.htm 17. https://www.tribuneindia.com/news/jammu-kashmir/of-400-just100-mobile- schools-left-for-nomadic-gujjars-bakerwals/460288.html 18. https://www.business-standard.com/article/pti-stories/nine-gujjars-elected- to-j-k-assembly-114122400823_1.html 19. https://scroll.in/article/853144/a-people-without-voice-why-gujjar-muslims- in-jammu-are-feeling-under-siege 20. https://gujjargazette.com/gujjars/gujjars-of-kashmir-by-dr-javaid-rahi/ 21. https://www.greaterkashmir.com/news/gk-magazine/socio-cultural- characteristics-of-gujjars-of-jk/ 22. https://www.greaterkashmir.com/news/gk-magazine/gujjar-dairy/

Annexure

QUESTIONNAIRE

Reservation in Education

1. Are you literate?  Yes  No

2. Upto which class have you studied? ……………………………………………………………………………………

3. Please check the correct option(s) :

Facilities Awareness Availing

Mobile Schools

Gujjar Hostels

Reservation in Professional Colleges and Universities

Reservation in Employment

1. What is your primary source of income?  Government grants/aids  Government jobs  Own business  Private employment  Any other

2. What is your monthly average income?

……………………………………………………………………………………….

3. Are you aware of reservation in State Government jobs?

…………………………………………………………………………………….....

4. Are you currently availing reservation in State Government jobs?

……………………………………………………………………………………….

5. Are you aware of reservation in J&K Bank?

………………………………………………………………………………………

6. Are you currently availing reservation in J&K Bank?

……………………………………………………………………………………….

1. Do you have, in your possession, an ST certificate?  Yes  No 1a) If Yes, then how did you come to know about it? …………………………………………………………………………………… 1b) How did you obtain it?

……………………………………………………………………………………

2. Do you have, in your possession, State Subject certificate?  Yes  No 2a) If Yes, then how did you come to know about it? …………………………………………………………………………………… 2b) How did you obtain it? ……………………………………………………………………………………

Reservation in Political Representation

1. Do you know any representative from your community for the following:

Yes No Can‟t Say

Indian Parliament

State Assembly (MLCs and MLAs)

Panchayat

State Judiciary

Civil Administration (IAS and KAS)

Municipality

2. Are you aware of your voting rights?

……………………………………………………………………………………….

3. Do you vote in the elections?

……………………………………………………………………………………….

4. Are you aware of the State Advisory Board for the Development of Gujjars and Bakarwals?

…………………………………………………………………………………….....

5. Which of the following options did you turn to, to redress you issues, if you had any?

 Panchayat  MLCs/MLAs  Municipality  Police  Judiciary  NGOs  State Advisory Board for the Development of Gujjars and Bakarwals  Any other

Forest & Land Rights

1. Are you aware of your forest & land rights?

……………………………………………………………………………………….

1a) Are you currently availing your forest & land rights?

……………………………………………………………………………………….

2. Since how long have you been living here?

……………………………………………………………………………………….

3. Who is the owner of the land that you currently reside on?

…………………………………………………………………………………….....

4. For what purpose do you use this land?

 Agriculture  Grazing cattle

 Commercial/Industry-based use  Wood/Timber  Sub-letting/Renting purposes  Any Other

5. Were you asked to evacuate the place?

…………………………………………………………………………………….....

5a) By whom?

……………………………………………………………………………………….

5b) For what reason?

……………………………………………………………………………………….

5c) Were attempts made for your rehabilitation (like establishing Gujjar Colonies)?

……………………………………………………………………………………….

What are the major grievances/problems that your community is currently facing?

 Education ………………………………………………………………………………...  Employment ………………………………………………………………………………...  Political Representation ………………………………………………………………………………  Forest & Land ………………………………………………………………………………...

Personal Information

Name: ………………………….

Age: ……………………………

Gender: ………………………..