Context:
The Constitution (Jammu and Kashmir) Scheduled Tribes Order (Amendment) Bill, 2023 seeks to include “Gadda Brahmin”, “Koli”, “Paddari Tribe”, and “Pahari Ethnic Group” in the list of Scheduled Tribes (STs) in Jammu and Kashmir.
Process for Inclusion in the ST List:
- The State government makes a recommendation to the Tribal Affairs Ministry.
- The Tribal Affairs Ministry reviews the recommendation and sends it to the Registrar General of India for approval.
- The National Commission for Scheduled Tribes approves the recommendation.
- The Cabinet makes decision on the inclusion of the tribe in the ST list.
- The final decision rests with the President’s office issuing a notification specifying the changes under powers vested in it from Articles 342.
Criteria for Specification of Scheduled Tribes in India:
- Primitive traits
- Distinctive culture
- Geographical isolation
- Shyness of contact with the community at large
- Backwardness
Pahari Ethnic Group:
- The Paharis are Hindus, Muslims, and Sikhs, and include people of Kashmiri origin who settled in the districts of Rajouri and Poonch.
- There are upper caste Hindus among the Paharis; also people who were displaced from Pakistan Occupied Kashmir.
Paddari Tribe:
- They live in the remote Paddar area of the hilly Kishtwar district.
- The 2011 census recorded the Paddari population at 21,548, comprising 83.6% Hindus, 9.5% Buddhists, and 6.8% Muslims.
- Constitutional Status:
- Article 366(25): Article 366(25) of the Constitution outlines the process for defining STs.
- Article 342(1): It allows the President, after consulting with the Governor of the state (if applicable), to specify tribes or tribal communities as STs through a public notification.
- Fifth Schedule: It lays out provision for administration and control of Scheduled Areas and Scheduled Tribes in States other than Assam, Meghalaya, Tripura and Mizoram.
- Sixth Schedule: It deals with the administration of STs in Assam, Meghalaya, Tripura, and Mizoram.
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News Source: The Indian Express
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