The Impact of Article 35A on the Valmiki Community in Jammu Kashmir .Part-4
   10-Sep-2018

 
Duration of stay in the State of Jammu and Kashmir:
The researcher questioned the people of the Valmiki community about their duration of stay within the state. The reply was unanimous; the entire community migrated to this state in 1957 from places in Punjab such as Amritsar and Gurdaspur , after being invited by the state government of J&K to occupy the jobs of the Safai Karamcharis of the state who were on a strike then.. The respondents stated that these are now the second and third generations of immigrants living in J&K and thus have been living in the state for over 70 years.
 
Status on Voting Rights:
The researcher required information on the level of participation of this community in the matters of governances both at the state and central level. The demography older than 18 can engage in voting for the Lok Sabha Elections however, the members of the community stated that due to them not being PRC holders, they have no voting rights in the State Assembly elections. Furthermore, the members stated that due to them not being able to vote in the state assembly elections, they are not considered as a vote bank. They expressed their frustration over this matter by stating as they are not politically viable to any of the political parties, there are no measures undertaken to improve their sub-human conditions if living, they have old and rusty semi-bent electricity poles which haven’t been replaced over 40 years. The political leaders have no nexus with them and neither does this community have any representation in the Government because non PRC holders cannot stand for elections at the state and panchayati level. The respondents state that their basic political rights are thereby violated on account of being non PRC holders.
 
Status regarding education among the children and youth
The researcher questioned the respondents about how many of their children are in the process of receiving an education. The response was 100%. All of the respondents questioned stated that their children did go to school. On interviewing the youth gathered 100% of the respondents from this age group were engaged in graduation and post-graduation courses. However, they informed the researcher that due to them not having a PRC certificate , they cannot get themselves enrolled in any of the professional courses in government colleges, such as medical and engineering courses. The researcher observed that majority of the youth was highly educated from private schools and colleges as admission in government schools is not possible without a PRC. The youth interviewed were all studying courses such as their Bachelors-Undergrad in the Arts as well as the Science field, Masters-Post Grad in the Science and the Commerce field. The respondents informed the researcher that Article 21A – The Right to Education is not a fundamental right in the State of Jammu and Kashmir. Furthermore, the respondents stated that they can’t avail of various central schemes for example, Beti Bachao ,Beti Padaho as they do not have the PRC and therefore, the permanent residents are given more preference. They stated that received no fee waiver, and thus had to pay full school fees, even in government schools. The scholarships available in government schools are not available to them because they are not permanent residents of the state.
 
Political Knowledge
100% of the respondents had information about article 35A and Article 370. However, their knowledge was biased and had certain technical discrepancies but the overall impact of the article was understood. When the researcher further probed into inquiring about this knowledge, the respondents revealed that earlier they believed that they were victims of 35(B) of the Indian Constitution, which stated that the watchmen which is a profession undertaken by another marginalised group in J&K suffering from the same PRC related issues the Gorkhas and the sweepers don’t require a PRC and are exempt from producing state subject. Eventually, with the involvement of think thanks the respondents were educated about 35(A), being the root cause of their problems. 100% of the people agreed that both Article 35(A) and Article 370 violate and interfere with the Fundamental Human rights which should be available to every citizen of India. There was an overall dissidence for the government of the state as the respondents felt like no measures have been taken by the government in order to improve the conditions of this community. The respondents were of the view that the administration side-lined their objectives and completely overlooked their community to the point that their very existence was not acknowledged. Their views regarding the leadership at both the Central as well as the State level was that the leaders were apathetic towards the plight of this community.
 
Employment Opportunities
100% of the respondents stated that they have no scope for any other employment except for becoming a safai karamchari, the state ensures that the only job available to them is that of a sweeper .In spite of being highly educated respondents from the youth stated that there is no availability of them applying for any other jobs in the government sector. The respondents stated that their conditional PRC permits them to be eligible only for the jobs of scavengers and even today the educated youth from the community are denied the right to quit scavenging and pick any other profession. Furthermore, the researcher was informed by the older demography that even though they can work only as sweepers, it has a further loophole that they can be employed only in the Municipal Department and not the Medical or Education Departments.
 
Garu Bhatti
In an interview with Mr. Garu Bhatti, the leader of this community the researcher further discovers many of the additional problems faced by this community. Mr Garu Bhatti is the elected leader of the Valmiki Mohalla Fund which conducts elections every 3 years. In an interview with him he briefed the researcher about the various problems and obstacles faced by this community. He stated that after the 1957 strike of the sweepers of Jammu and Kashmir, Dr Modi, who was the health officer of the state at the time, had some relations and knew some people in Amritsar and Gurdaspur in Punjab. He approached and invited them to move to J&K to take up the Safai Karamchari jobs. Mr. Bhatti, informed the researcher that they filed at RTI to determine the exact number of families that migrated to the state and the official number as per government records was 272 families. They were strategically placed and given housing in the areas of Jammu where there was maximum garbage accumulated like Dogra, Bakshi Nagar etc. They were made promises that no inconveniences would be caused to them. They were also told that after working for 6 months will salary they could leave and return to Punjab, indicating that it wasn’t a permanent arrangement. The community that migrated belonged to an agrarian background thus they were not used to such filth working conditions. The garbage blockage in the state was so severe that two people from the community perished. The people started returning back to Punjab as they were used to work conditions in the fields and not garbage disposals. However, the government once again intervened and approached their leader Mr. Fojja Ram saying that whatever demands the community had would be fulfilled by the government provided they didn’t leave and return to Punjab. Mr Bhatti stated, that their ancestors were illiterate and therefore were unaware of the state subject – permanent residency debacle and didn’t understand the repercussions of not having a PRC, thus no demands were made at the time regarding this. The government paid so much attention and treated the community with so much reverence that all kinds of foods. Rations, good quality supply of fruits and vegetables to appease them. Eventually, the pampering of this community was stopped, whenever they raised objections about wanting to leave, the government used to entice them with favours, eventually their generations also got into it and thus the tables turned and now it was the State Government calling the shots. All children thereafter would also have to work as sweepers. 70 years they have nothing left in Punjab as well. Conducted a rally in 2013 Valmiki Maha Panchayat and issued a memorandum demanding PRC. Or make flexible laws in order for their children and further generations to attain education and jobs which are not related to sweeping or cleaning. Community was ignored. Place where they were given housing was a complete forest with no amenities and was on the outskirts of the city in 1957. Wanted them to do the dirty work that’s why were neglected and not given proper housing. It used to be a “nala” and sewage disposal site at the brink of the city and this community was given housing there and have built their homes on those gutters, they still have open gutters running parallel to their houses, which when overflows also enters their homes during the monsoons. Now, it’s the heart of the city and is very developed. Mr Bhatti stated that around 3000 people live in this colony. Along with this people from the Valmiki community also reside in other places in Jammu with considerable populations such as Udampur, Lakhanpur,
 
Katwa,Samba,Vijaypur,Hiranagar,Aaspura, Satwari, Preet Nagar, Railway colony, Dogra . However all this population including the 3000 people from Gandhi Nagar are not included in the census of the state. The state government, the elite and well do to communities around them now have a problem with them residing in this area as well, owning to its development and it becoming a commercial soul spot. Their colony is not regularized. JTA the official government website does not acknowledge their existence and doesn’t even show their community residing on the map of the state on the website. This is to avoid regularization of their colony by the government as without PRC their colony cannot be regularized. Around 13-14 other colonies in the vicinity which were established much after theirs have already been regularized by the Government. There is a constant prevailing fear among the members that the government can get them evacuated anytime they wish. Mr Bhatti, states that with privatisation of all sectors including the Municipal cleaning sector, thus employment opportunities in the Safai Karamchari is open to all now. When they were bought to the state in 1957, they were provided with proper cemented housing with 8x12 and 12x12 measurements, thus a house with two rooms and in front of houses there lanes that were 22 feet wide. He told the researcher that the infrastructure and living conditions provided to them in 1957 was well designed and he was of the view that the government provided such good living facilities in order to make sure the community continued to live in Jammu and Kashmir and didn’t return to Punjab.
 
The community had free access to water and electricity and continues to not pay bills because the bill would have to be registered to the house in their names which would be equal to the government recognising their existence and thus, in a ploy by the government they don’t collect bills from this community. He further states that they even can even construct and increase the height of their building structures as the Municipality avoids interference in any of these matters and blatantly states that the colony is “their world” and they can do as they please. They cannot expand their houses horizontally at ground level as there is no space and they are not permitted to exceed beyond the colony space that was provided to them in 1957, therefore they expand vertically and built more floors to the already existing structure. This has resulted in the space between two houses to reduce and the width of the lanes that run through this colony has diminished to the extent that it is difficult for vehicles to pass through. Furthermore, as the houses are expanded only vertically the space between the floors of two adjacent houses is miniscule. It is easy to cross over from one house and enter the other through there floors and terraces. This lead to an increase in robbery and thefts , when Mr Bhatti approached the local police to file theft complaints, they were told by the police to deal with it themselves, The police and local authorities paid no heed too their complaints and it was dismissed. Mr Bhatti pointed out that a boy from this community was selected to play in the Jammu and Kashmir state cricket team but ironically is not recognised as a resident of the state. Because of no employment the youth have increasing become engaged in illegal activities of drug pedalling, When Mr. Bhatti himself complained to the police about this, they were once again apathetic and paid no attention. Even though they are offered government jobs, this does not come with strings attached; there are conditions that come along with these permanent jobs. Mr Bhatti informed the researcher that at first an individual needs to work for the municipality as a sweeper for around 8-10 years in order to avail of a promotion, however, the legal stipulated time is 7 years. During this period their monthly income is 4.5 thousand rupees divided in daily wages. After this period a few of them are promoted to the post of “sanitary inspector” but this comes at a price too. The flaws in the bureaucratic system come out here when they are asked for around 50-70 thousand only to be recommended for said post. Their salary in this post is 22,000 rupees. Only after around 10-15 years are they regarded as permanent employees. The word Chuhra mentioned on their certificates was changed to Safai Karamcharis thus branding them and reducing their existence only to sweepers. Further, members of this community are not allowed to take loans from private banks and can only issue loans from the bank of Jammu and Kashmir. The rate of interest charged to them is 16%. The private banks issue loans at an interest rate around 7-8% but it is mandatory for them to only avail of the 16% interest loans. Mr Bhatti provided an instance from his own life when he started a small scale Chemical sale such as toilet cleaning detergents etc., while his business slowly took off, the demand and orders increased to bulk orders where the party involved in the transactions asked for an invoice and proper bills with GST number. However, to receive that he needed a J&K state government regularized license of owning a shop. He was not provided that because he didn’t have a PRC and thus had to shut down his business. Further, even the shops or small stalls set up by this community are avoided by the people from the vicinity due to them belonging to a lower caste and thus they are socially ostracised. They survive in a self – sustaining manner where the economic transactions take place within the community.
 
Mr Bhatti expressed his frustration about the caste related issues. The Schedule Caste certificate that is provided all over the country to people belonging to this caste is not provided to this community in the state of J&K. Thus, they cannot avail of reservations either or central schemes such as the Beti Bachao, Beti Padaho. On approaching the SC welfare and health care inspector, they were informed that no healthcare can be provided to them as they do not have the PRC or the SC certificate. All other documentation, such as Aadhar cards, ration and pan cards are issued for them after they constantly approach the administrative officials. He informed the researcher that even have continuous efforts undertaken by them there has been no change, a political Yogendra Yadav who addressed their concerns took the matter to Mr. Raman Ballah, the then Revenue Minister of the state. The revenue department is involved in issuing PRC; the minster stated that nothing could be done about the PRC conditions of this community. Mr Bhatti told the researcher that he has even purchased land in Pathankhot, Punjab because of no efforts of change in their living and stated that if he had to move to another state in order to avail of his basic fundamental rights he would do so as there is little to no progress in the changing of the policies of the state.
 
Radhika Gill
Radhika Gill is a member of this community. She is studying in the twelfth grade. She is a very good athlete and has been involved and the winner in many tournaments. In an interview with her, she informed the researcher that after her 10th grade she applied to be recruited to the Border Security Force (BSF) which is under the central government of India. She stated that a lot of students filled the form with her in the Samba district. She was first among the group but girls after her also got selected and she didn’t. She cleared the physical tests and was cleared to write the entrance exam. However, before that she was asked to provide either her PRC certificate or her SC certificate. As both were not available to her on account of being part of this community, she was not allowed to advance further and take the written exam or the medical. The officials there instead reprimanded her for filling the form in the first place. She expressed to the researcher her ambition to further study but is frustrated as even with an education she cannot advance socially or economically due to the restrictions of not having a PRC.
 
Dinesh Malhotra
In an interview with Mr. Dinesh Malhotra a journalist for “The Tribune” newspaper, the researcher received knowledge about the deep rooted game of politics involved behind Article 370 and Article 35(A).
He told the researcher that mention of amending or removing Article 35A from the Constitution of India is equivalent to hurting Muslim sentiments. He states that presently the media has shifted their focus from Article 370 to Article 35(A). The awareness about 35(A), the blatant violation of fundamental human rights it causes and the plight of those affected by it is now being covered and projected by the media. He states that the Valmiki caste, on their certification has the word “Chuhra” which is a derogatory term and its usage is banned. The Chuhra is a caste in India, Their traditional occupation is sweeping and a "polluting" occupation that caused them to be considered untouchables in the Hindu caste system. Thus, he elaborates that this community has no scope for growth anyway due to not having PRC but further they are also victims and face widespread discrimination because of inherent dogmatic caste system deeply rooted in Indian Society. He states that Article 370 divides the state into two categories, the haves and the have-not. The haves being the government and the have-nots the majority of the population. He informed the researcher that the leadership in Kashmir influences the sentiments in favour of 35A because they make it out to be a personal attack on the Muslim Sentiments. He made the researcher aware of the Chief Minister of the state of J&K Mehbooba Mufti’s statement on the floor of the state assembly, she stated that those working in favour of getting article 35A abolished are anti-national. Such is the strong sentiments projected to the population. Mr Malhotra explained that the population in Jammu is against 35A and in Kashmir is pro 35A.
 
Discussion
As mentioned in Chapter 3 Article 35A was issued by a presidential order of 1954, which gave birth to Article 370 and subsequently to article 35A, which states the special privileges conferred upon the permanent residents of J&K. This Article is not mentioned in the main text of the COI but appears in Appendix-1(Kaul,Sagar 2017) . Further, the very constitutionality of this article is questioned as it was not presented to or passed by the Parliament of India and thus, did not follow the stipulated amendment procedure as mentioned in Article 368 of the COI. (Kaul,Sagar 2017). This article contributes to systematic institutionalized oppression on communities such as the Valmiki community. Not being categorized as Permanent citizens they face a lot of obstacles. They are denied their basic fundamental rights and live in sub-human conditions. Their frustrations are legitimate because they were invited by the state to reside and take up sweeping jobs it is the same state government that now pays no heed to their situation. They are treated like second class citizens in their own country. Further, caste discrimination plagues Indian society, and the people belonging to this community a caught in a catch 22 situation with no escape as they are treated derogatorily by virtue of their caste as they belong to the SC community further, there is no room for their development as they can’t avail of basic amenities such as employment and political representation. Caste based reservation stands for parity, representation, human rights and is a defence mechanism against any and every case of caste based discrimination and exclusion. The people of this community are not even granted their SC certificates and can’t benefit from any of the SC schemes provided. Based on the information provided in the survey it is clear that the fundamental rights- Article Articles 14-16,19,21,21A,25-30, especially accentuating 15(1) and 16(1) which prohibits class discrimination . Mr Malhotra stated that 35A clearly bifurcates society into haves and the have nots. The have nots not only include the Valmiki community but also the women of the state who earlier lost their PRC after marrying a non-resident but after the Sushila Swahney case , a woman retains her PRC but her children do not receive it and thus cannot inherit any property. (Kaul,Sagar 2017). The members of the Valimiki community are provided with a ration card after incessant begging to the local authorities; however this only proves that the fundamental policies haven’t changed and the people have to plead for amenities that they are legally entitled to. The people of this community are legally restricted by the following articles.
Section12(b) – J&K Representation of the People Act,1957 states that a person is not eligible to register to an electoral roll if he/she is not a permanent resident of the state.
 
Section 6(1)(a) of the J&K Panchayati Act 1989, does not permit a non PRC to be elected as part of the Panchayat.
Section 4 of the J&K land Alienation Act 1995, Section 20-A of the J&K Big Landed Estates Abolition Act 2007, Section 4 of the J&K Lands Grant Act, 1960, Section 95 of the J&K Co-operative Societies Act, 1960 and Section 17 of the J&K Agrarian Reforms Act, 1976 all the aforementioned acts place certain restrictions on the acquisition of any land in the state. They state that only individuals with Permanent Resident Certificates can be transferred land.
 
Further, this community doesn’t have the benefit of a participatory democracy as they don’t have the basic right to vote in the state elections. Thus, there exists no political representation for this community. They can only vote for the Union Elections. The Right to Vote for state and Panchayati elections is exclusively reserved for the permanent residents. As representation in state politics is directly equivalent to them being deemed as permanent residents, they are not allowed to participate. (Nargotra, 2012)
 
Section 6 of the Jammu and Kashmir Constitution (as mentioned in Chapter 3) stems from the Maharaja’s notification Of 1927(Chapter 3) which declares the grounds for an individual becoming a permanent resident of the State. It is to be noted that the Maharaja’s notification It accommodated three classes of state subjects relying upon the premise of specific parameters: year of birth, or being permanent occupants, or having obtained plot/land under a rayatnama of the state. According to this ordinance, individuals who were not from the state were not permitted to buy land in the state or apply for state government jobs. This was trailed by another order issued in 1932 which endorsed certain criteria for outside nationals to be qualified as state subjects on satisfying of specific conditions like getting land under an ijazatnama and on acquiring a rayatnama following ten years continuous stay in the Jammu and Kashmir state. Basically, these arrangements left some extension for non-state subjects or outcasts to obtain property and be dealt with as state subjects later to be known as permanent residents. (Nargotra, 2012) However, it is to be pointed that Section 6 of the constitution off J&K scrapped class III and provided no such flexibility.
continue Part 5..