Press Trust of India

Govt brings bill to change nomenclature of JK quota beneficiaries

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New Delhi: A bill to change the nomenclature of a section of people who are eligible for reservation in appointment and admission in professional institutions in Jammu and Kashmir was introduced in the Lok Sabha on Wednesday.

The Jammu and Kashmir Reservation (Amendment) Bill, 2023, will change the nomenclature of “weak and underprivileged classes (social castes)” to “other backward classes” for getting reservation benefits in the Union Territory, according to the statement of objects and reasons of the bill.

The bill was introduced in the House by Union Minister of State for Home Nityanand Rai, on behalf of Union Home Minister Amit Shah.

According to the statement of objects and reasons of the bill, Jammu and Kashmir Reservation Act, 2004 (Jammu and Kashmir Act XIV of 2004) was enacted to provide for reservation in appointment and admission in professional institutions for the members of the Scheduled Castes, the Scheduled Tribes and other socially and educationally backward classes.

In terms of sub-section (2) of section 95 of the Jammu and Kashmir Reorganisation Act, 2019 (34 of 2019), the reservation in the Union Territory of Jammu and Kashmir continues to be governed by the reservation act.

Currently, the legislature of the Jammu and Kashmir is not in place. By a proclamation of the President under section 73 of the Jammu and Kashmir Reorganisation Act, 2019, dated October 31, 2019, the powers of the legislature of the Union Territory of Jammu and Kashmir are exercisable by or under the authority of Parliament.

“It is proposed to amend section 2 of the reservation act by the Jammu and Kashmir Reservation (Amendment) Bill, 2023 so as to change the nomenclature of ‘weak and under privileged classes (social castes)’ occurring in sub-clause (iii) of clause (o), to ‘other backward classes’ and to make consequential amendment in clause (q), of section 2 of the said act,” it said.

The proposed amendments have been initiated on the recommendations of the Jammu and Kashmir Socially and Educationally Backward Classes Commission (SEBCC), so as to remove the confusion among the general public as well as the competent authorities issuing certificates to eligible persons due to difference in such nomenclature, noted the statement of objects and reasons.

Meanwhile, a bill to nominate two members, including a woman, from the Kashmiri migrant community and one member from the displaced persons from Pakistan occupied Kashmir (PoK) to the legislative assembly of the Union Territory of Jammu and Kashmir was also introduced in the Lok Sabha.

Introducing the bill on behalf of Union Home Minister Amit Shah, Union Minister of State for Home Nityanand Rai said the bill provides for representation of Kashmiri migrants, displaced persons from PoK and Scheduled Tribes in the legislative assembly of Jammu and Kashmir so as to preserve their political rights as well as their overall social and economic development.

“The Jammu and Kashmir Reorganisation (Amendment) Bill, 2023 provides for the following, namely: to insert new sections 15A and 15B in the Act so as to nominate not more than two members, one of whom shall be a woman, from the community of Kashmiri Migrants, and one member from Displaced Persons from Pakistan occupied Jammu and Kashmir, to the Legislative Assembly of the Union territory of Jammu and Kashmir; and amendments to sub-sections (3) and (10) of section 14 of the Act which are of consequential in view of completion of delimitation process in the Union territory of Jammu and Kashmir,” according to the statement of objects and reasons.

The Jammu and Kashmir Reorganisation Act, 2019 (34 of 2019) was enacted with for the reorganisation of the erstwhile state of Jammu and Kashmir, which was bifurcated into Union territories of Jammu and Kashmir, and Ladakh.

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