Petition against ST status to Paharis, others

Jammu, July 5: Jammu and Kashmir and Ladakh High Court has directed the UT government to file a response to a petition, challenging the inclusion of “Pahari Ethnic Group”, “Paddari Tribe”, “Koli” and “Gadda Brahmin” in its (J&K’s) Scheduled Tribe (ST) list, by August 12, 2024.

The direction has been issued by the Division Bench, comprising Justice Tashi Rabstan and Justice Puneet Gupta in response to a petition, filed by Mohd Anwar Choudhary, son of Sahib Din, resident of Raikaban, at present Gujjar Nagar, Jammu and others, against “The Constitution (Jammu and Kashmir) Scheduled Tribes Order (Amendment) Act, 2024 (Act No. 3 of 2024).”

The petitioners described the Amendment Act as “unconstitutional and violative of Articles 14, 15, 16, 21 and 342 of the Constitution of India.” They alleged that the “Pahari Ethnic Group” and other three communities were included in the list of Schedule Tribes of J&K without any empirical data. They submitted that these communities did not have tribal characteristics and social or educational backwardness, or economic disadvantages traditionally associated with the STs.

The petitioners also contested SO 176 issued by the Department of Social Welfare Government of Jammu and Kashmir, alleging that it contravened the Supreme Court directions vis-a-vis issuance of ST certificates.

The court held that in case of failure of the government to file its response by August 12, it would consider the application for interim relief.