A brief Historical account of Paharis in Jammu and Kashmir

 

Jammu and Kashmir is a pluri-cultural, pluri-lingual and pluri-religious state of India. In a sense, it represents sub-continental diversity. Among others, pahari is one of the tribes in Jammu and Kashmir. The Paharis are historically ancient, having been mentioned by the authors Pliny and Herodotus and figuring in India's epic poem, the Mahābhārata. In contemporary times, A.K. Chatervedi classified tribes as Vanyajati, Vanvasi, Pahari, Adimjati,  Adivasi, Janjati, Anusuchit Janjati. The Paharis are the people from diverse races, castes and religions whose distinct cultural heritage, life style and mother tongue has ascribed them a composite cultural identity.

 

The Pahari speaking people are living in the areas of southern upper hills of Pirpanchal, particularly from Western Banihal to Muzaffarabad, Drawa, Nangaparbath and adjoining areas. Their history can be traced from Tariekh-e-Pahaad by Mohammad Ali, Rajgani-Rajwar by Mirza Zaffarullah, Aqwami Poonch by Munshi Mohammad-din Fouq , Galdan by Mohammad Yaqob Khan, Tariekhe-Jamwal by Awatar Singh Chib, and Pahari Qabail by KD Maini. After partition, the Hindu and Sikh Pahari population migrated from Pakistan occupied Kashmir to this side of border.

 

Sir Walter Lawrence, in his book Valley of Kashmir, in chapter XII, has identified Paharis as Gujjars by depicting the linguistic characteristics of Paharis as: “They are semi nomadic tribe which grazes buffalos and goats along the Himalyas and Shiwaliks. They have, for some time past, turned their attention to Kashmir where they rapidly made clearings of forests and built their flat, topped houses for themselves and their precious Baffalos. Their language, known as Parimu or Hindkoh, is wholly different from the Kashmiri language and they rarely intermix with the Kashmiris. When they take to cultivation, they grow maize for Buffalo rather than for themselves. They are ignorant, inoffensive and simple people, and in their relations with the state they are infinity times more honest than the Kashmiris.”

 

Pahari struggle in Jammu and Kashmir Constitution of All Jammu and Kashmir Pahari Cultural Welfare Forum on 1969-70, Karnah Cultural Club (1973).

 

However, in 1975, Sheikh Mohammad Abdullah’s government tried to infuse confidence among these Pahari speaking people by establishing a separate Pahari department in the state cultural academy.  Literary works like Astha-adab, Sheeraza, Lokgeet and Lok Kahaniya were started for publication, and Established   Pahari Section in 1978 Pahari Programme and News from the then Radio Kashmir Srinagar (2nd October 1979).

 

Their continuous struggle under the banner of Pahari Cultural Welfare Forum with other organisations has pressurised the government to an extent that an Advisory Board for the Development of Pahari Speaking People was established in 1989 vide Order Number GAD-1439 (1989).

 

A unionmous resolution passed for declaration of pahari Speaking tribes as Schedule Tribes in the state of Jammu and Kashmir vide Cabinet decision No 155 of 1989 dated 31/07/1989 & 159 of 1989 dated 08-08-1989 wherein, among others, including G&B, paharis were recommended for Schedule Tribes, but unfortunately, Paharis were left and other were provided with the benefits.

 

General K. V. Krishna Rao recommended that "The Pahari Speaking People of the State are mainly concentrated in remote border areas, and are put to considerable economic distress, as is evident from their backwardness in reference to socio-economic indices, despite sharing the same kind of disadvantages as faced by the Gujjars and Bakerwals, have been caught in the unfortunate middle (Trishanku Swargl). It is imperative that the Pahari speaking people are also brought into the mainstream of the developmental process by providing them the same benefits in terms of scheduling as tribes on priority basis for reasons of equity and ensuring equitable development.’’

 

Dr. Farooq Abdullah, the then Chief Minister of Jammu and Kashmir state, had categorically announced in the state Legislative Assembly on the 1st day of the Assembly session on 5th April, 2002, that Pahari people of the state will be declared Schedulede Tribe before the Assembly elections of that year: “Special emphasis will be paid on promotion of backward communities including Gujjars and Bakkerwals, Gaddis, Scheduled Castes and Scheduled Tribes. The Government will strive for the extension of Scheduled Tribes status to the Pahari tribals of the state. In a move to win hearts of people, the state cabinet for the first time recommended the central government to consider scheduled tribe status for the Paharis on 10th January 2004.

 

The then Chief Minister, Mufti Mohammad Sayeed while addressing Gujjar Bakkerwals on a one-day convention at Jammu on 29th March 2004 defended his government’s decision of February 9th 2004, regarding recommendation for granting Schedule Tribe status to Pahari people. “I do admit that Schedule Tribe status was not given to Gujjar and Bakarwals in time but you should not react to the recommendation regarding same status for Pahari tribals”. He advised “We are not snatching your rights, all Pahari people are not rich, and majority of them too deserve same benefits.” Resolution passed by the Jammu and Kashmir Legislative Assembly on 30th of September 2005 (moved by Mr. Muzaffer Hussain Beigh, Law and Parliamentary Affairs Minister)

 

“This House requests the Central Government to declare Pahari speaking people of the Jammu and Kashmir state as a Scheduled Tribe.”

 

In simpler terms, it can be said that since 1989, all the ruling governments at the centre have accepted the demands of Pahari speaking people and assured to grant schedule tribe status to them. Likewise, ruling parties in the state during their tenures have also accepted and recommended this demand, and promised its fulfilment at the earliest. Realizing the gravity of the demand, it was included in the Common Minimum Programme of the United Progressive Alliance government, and it also finds space in the election manifesto of National Conference in 1996 and that of Indian National Congress in 2002.

BJP leadership has also agreed to settle the issue as it was strongly advocated by the former Prime Minister, Mr. A. B. Vajpayee, on his visit to Karnah, and the case was also recommended by the state BJP leadership to the Centre for approval. The recommendations of the social welfare department to the Registrar General of India, the state assembly resolution of 2004 and the decision of the High Court of Jammu and Kashmir substantiated the demand. Former Chief Minister, Ghulam Nabi Azad, has also pleaded this demand before five Round Table Conferences, and had made announcements in many public functions at Poonch, Rajouri, Karnah, Uri, Convention Complex Srinagar and Abhinav Theatre Jammu, and time and again assured that this demand will be accepted.

 

Pahari people are mostly concentrated in hilly and border areas of the state, stretching from Budhal in Rajouri, up to Keran and Teetwal in Kupwara. Living in these remote distant areas has restricted their socio-economic mobility. The geographical-cum-topographical conditions coupled with border areas have made their life hard and miserable. Devoid of day-to-day normal facilities of education, healthcare, financial support and social upliftment, they are facing lot of miseries, hardships, aggression, tension and violence prevalent on the borders for the last 70 years. Tilling hilly lands and cattle rearing has been their main occupation.

 

The State Governments have almost acknowledged the entity of Pahari tribe, and extended them rights in sponsored schemes. For instance, both the Gujjar-Bakerwals and Paharis have separate Advisory Boards; Pahari language is introduced in the 6th schedule of the constitution of the state; scholarships from primary to university levels are extended to Pahari students, free hostels have come up almost in all the districts of the state to provide free accommodation to the Pahari students, a Pahari wing has come into being in the state cultural academy, radio and TV programs in Pahari language do have their due time for broadcasting so as to promote their language and culture.

 

Jammu and Kashmir government constituted ‘Jammu and Kashmir Socially and Educationally Backward Classes Commission’ vide 2230 JK(LD) of 2020 dated 19/03/2020 under the Chairmanship of Justice (retried) G D Sharma with two members, Rup Lal Bharti (retd IFS) and Munir Ahmed Khan (IPS) to look into the issues of Socially and Educationally Backward Classes, Scheduled Castes and Scheduled Tribes in the Union Territory of J&K.

 

Justice Sharma Commission submitted its report, which recommended the inclusion of Pahari speaking people, besides a few other smaller communities and areas, to be included in the list of Scheduled Tribes.

 

Following the recommendation of Registerar General of India based on the recommendation of GD Sharma commission, The National Commission for Schedule Tribes has also given the approval for inclusion of Pahari ethnic group in Schedule Tribes in Jammu and Kashmir UT.

 

In a bid to extend reservation benefits to Pahari speaking population in the Union Territory, Lt. Governor Girish Chandra Murmu approved various amendments in the reservation rules. For claiming the benefit of Pahari speaking people (PSP) category, a person must be a member of the Pahari Clan, Community or Tribe having distinct cultural, ethnic and linguistic identity; must be speaking Pahari language and his/her mother tongue must be Pahari, and issued SO 127 dated 20th of April, 2020 with 4 percent reservation.

 

UT administration has amended the Jammu and Kashmir Reservation Rules-2005, replacing the word “Pahari Speaking People’’ with “Pahari Ethnic Group’’ vide a notification issued by social welfare Department on October 19, 2022.

 

On 20th of October 2022, after the announcement of Hon'ble Home Minister Amit Shah in a Public rally at Rajouri on 07th of October 2022 and in Baramulla on 08th of October 2022, the Govt approved the report submitted by Justice GD Sharma Commission. Later, the file was submitted to Registrar General of India, who also gave green signal and the National Commission for Scheduled Tribe has also sealed it.

 

The Govt has announced that the ST status of Gujjar and Bakkerwals shall not be disturbed. The Gujjar and Bakkerwals are of the opinion that there was cry, and caste struggle within the reserved class as benefit of reservation in services and education was being enjoyed, who were doing better hereditary occupation.

 

A five-judge bench headed by Justice Arun Mishra said that 2004 verdict of a constitution bench needs to be reconsidered and, therefore, the matter be placed before Chief Justice SA Bobde for appropriate direction.

 

The bench, which also included Justices Indira Banerjee, Vineet Saran, MR Shah and Aniruddha Bose, said in its view the 2004 verdict was not correctly decided and states can make laws to give preferential treatment by sub-classifying castes within scheduled castes and scheduled tribes.

 

 The Bill was listed in the budget session of 2023 but has not been presented due to different reasons. The Bill regarding Jammu and Kashmir Reservation of Schedule Tribes Order (Amendment) Bill 2023 has been presented and introduced in the Lok Sabha with full vote of accent, and now the pahari tribe is waiting for discussion and passing of Bill in the Lok Sabha and sending the same to Rajya Sabha. The Govt has issued whip w.e.f. 08/08/2023 to 11/08/2023. The Paharis have full confidence in the Central Govt for extending the benefit of Scheduled Tribe to them.