Displaced Families in Jammu Eligible for ST Certificate under Pahari Category, Area No Bar: Govt Clarifies in Assembly

   

JAMMU: In a major relief to thousands of PoJK Displaced Persons settled in Jammu district, the Jammu and Kashmir Government has clarified that the area of residence is not a criterion for granting Scheduled Tribe (ST) status under the Pahari Ethnic Group. The clarification was made by Minister for Social Welfare, Sakina Itoo, in response to a question by BJP MLA Narinder Singh in the Legislative Assembly on the final day of the ongoing session.

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Responding to the long-standing confusion among Revenue authorities, the Minister said, “The Constitution (Jammu and Kashmir) Scheduled Tribe Order, 1989, as amended in 2024, does not prescribe any area-based criterion for the issuance of ST certificate under the Pahari category.” The statement is particularly significant for applicants among the displaced communities from Mirpur, Muzaffarabad and other parts of the erstwhile Poonch who migrated in 1947 and now reside in the Jammu district.

Over the years, several applicants had their requests for Pahari Speaking People (PSP) certificates rejected by Tehsildars in Jammu on the grounds that they did not reside in areas traditionally identified as Pahari-speaking, such as Rajouri and Poonch. These rejections continued even though the applicants belonged to the Pahari clan and spoke the Pahari language.

The Minister further outlined that the issuance of certificates under the Pahari Ethnic Group is governed by Rule 21 of the J&K Reservation Rules, 2005, read with SO 176 dated March 15, 2024. Under this rule, a person is eligible if they are from the Pahari community with a distinct cultural and linguistic identity, speak Pahari as their mother tongue, and possess supporting identity documents such as Aadhaar, voter ID, or domicile certificate. Certification is the responsibility of the local Tehsildar, based on due verification.

The 2024 amendment to the ST Order had added four new groups, including the Pahari Ethnic Group, to the list of recognised Scheduled Tribes in Jammu and Kashmir. However, ambiguities persisted in its implementation, particularly in the Jammu district, where officials sought clarification over the eligibility of PoJK displaced persons not currently residing in Pahari-speaking regions.

A letter seeking guidance was sent in February 2023 by the then Deputy Commissioner of Jammu to the Divisional Commissioner and subsequently to the Administrative Department, but no official response had been received, leading to administrative paralysis.

In the Assembly, the BJP MLA had questioned why PoJK displaced persons living in Poonch and Rajouri were receiving ST-II status based on Pahari ethnicity, while their relatives in Jammu were being denied the same. The Minister’s reply appears to settle this matter decisively, reaffirming that the benefit is based on ethnicity, language, and identity, not geography.

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