Constitutional Amendment Bill extending Political reservations to the Scheduled Castes (SCs) in the state by another 10 years, Bill to amend the J&K Representation Act 2004 and Bill to Amend the J&K Public Safety Act (PSA) 1978 were passed by State Assembly today.
While the Constitutional Amendment Bill extending political reservations to SCs by another 10 years was passed by two third majority of the House as all members including those of Opposition PDP, BJP, its rebel group and NPP stood up in support of the Bill, the other two bills, needing simple majority were passed by a voice vote.
Earlier Leader of Opposition Ms Mehbooba Mufti who had to attend her party progrmmme while taking the leave of the House assured full support to Speaker on the Constitutional Amendment Bill introduced by Deputy Chief Minister, Tara Chand, saying her Party was fully with the cause of weaker sections.
Supporting the Bill, NPP member Harsh Dev Singh said that the Bill was over due in 2010 as the Constitutional reservations to SCs had ended at that time and had the elections been announced in 2011 or 2012 these people would have been deprived of political reservations.
He while supporting the Bill strongly advocated that political reservations be also given to Gujjars and Bakerwals. Earlier Ch. Zulfkar of PDP also demanded political reservations for Gujjars and Bakerwals.
BJP's Ashok Khajuria also supported the Bill saying the Gujjars and Bakerwals be also given the right. Same were the views of Prof Chaman Lal Gupta who said Bill was over due and favoured reservations for Gujjars and Bakerwals too.
Nizam-ud-Din Bhat of PDP said the 53 year period of reservations to these people ended in January 2010 and our Party Leader Mehbooba Mufti also gave full assurance to the passage of the Bill because it fits our social commitments to change fate of the weaker sections of the society. He too pleaded that STs be considered for the political reservations.
However the Bill to change the J&K Reservation Act tabled by Revenue Relief and Rehabilitation Minister Raman Bhalla generated much heat in the House with PDP MLA Ch Zulfkar and rebel BJP MLAs belonging to SC communities and Yashpal Kundal of NPP raising apprehensions about the legislation.
Mr Bhalla strongly advocated in favour of Legislation saying that it was a special recruitment drive aimed at return of the Kashmiri migrants who had left the Valley due to turmoil. Seeking support of entire House in passage of the Bill, Bhalla said it was concern of all parties baring their political affiliations that these people should be rehabilitated in the Valley.
Maintaining that it is PM's special package and confined to migrants only, he expressed his gratitude to Kashmiri Muslims for rendering their cooperation in implementation of the package. He said these children who had left the Valley are at the verge of getting over aged and steps were taken for de-reservation of the posts. ``The Government has to advertise more 3000 posts in the package and for the same purpose the amendment in the Act has become necessary'' he added.
He said the amendment in the Section 5 of the Act was necessary as there were no SCs and STs among this category.
Intervening Speaker, Mohammed Akbar Lone, said it was because of Minister's efforts that the migrants were appointed in Valley and joined their duties there. These people were in trouble and you should appreciate the Government for the same, he added.
However Ch Zulfkar was not satisfied with the reply and he along with rebel BJP's Prof Garu Ram, Bharat Bhushan and Durga Dass and NPP's Yash Paul Kundal stood up from their seats saying that they are not opposed to appointment of migrant youth but demand their right. They came to the Well of the House and protested there. Later they staged a walkout.
Ashok Kumar of Congress and Nazir Gurezi of NC also spoke in favour of the Bill but demanded reservation be given to SCs and STs in contractual appointments. NPP's Harsh Dev Singh while supporting the Bill said that his Party is not against the de-reservation of the posts but can't the Government create additional posts in proportion to SC and ST ratio.
As per the amendment in respect of selection of candidates under the Jammu and Kashmir Migrant (Special Drive) Recruitment rules, 2009, if candidates are not available from any reserved category, other than those falling under sub clause (i) of clause (O) of Section 2, the posts earmarked for any such reserved category may be filled up from amongst the eligible candidates in open merit category.
Mr Bhalla said there is no possibility of the candidates who can apply against the posts reserved for SC/ST categories and the possibility of selection of candidates from other categories also seems to be very remote. The amendment Bill aims at filling up the posts in case the candidates are not available from any reserved category. The House passed the Bill with voice vote. Later the Bill was also passed in Upper House.
Supporting the Amendment in J&K Public Safety Act (PSA), which was introduced by Minister of Parliamentary Affairs, Rural Development, Ali Mohammed Sagar on behalf of Chief Minister, Omar Abdullah, NPP's Harsh Dev Singh wanted to know that was there any provision in detaining a person below 18 years as has been done under PSA.
Nizam-ud-Din Bhat wanted an amendment in the Bill that in addition to child below 18 years, the adult after 60 years be also not detained under PSA. But Bhat's, amendment to the Bill was defeated when put to vote.
Sagar said the Jammu and Kashmir Public Safety Act, 1978, is being amended to make it more humane and to address the concerns of various organizations dealing with the protection of human rights. He said the persons who are citizens of India and have not attained the age of 18 years have been exempted from being detained under the Act. The stipulated period of eight weeks prescribed for State Advisory Board to give its opinion has been reduced to six weeks.
The Minister said the maximum period of detention of 12 months stipulated in Section 18 of the Act in case of persons acting in any manner prejudicial to the maintenance of public law and order has been reduced to three months in the first instance extendable to 12 months. Similarly, in case of persons acting in any manner prejudicial to the security of the State, the period of detention has been stipulated six months in the first instance extended up to two years, he added.
Later the amendment Bill was passed by the House.
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