● Scheduled Castes are defined in Article 366(24) of the Constitution as those castes, races, tribes,
or groups deemed under Article 341 to be Scheduled Castes (SC). Article 341 empowers the
President, in consultation with the Governor, to specify through public notification the castes,
races, tribes, or groups considered Scheduled Castes for a particular State or Union territory.
Additionally, Parliament has the authority to include or exclude any caste, race, tribe, or group
from the Scheduled Castes list through legislation, but once specified in a notification, it cannot
be altered by subsequent notifications.1
● According to Article 341 of the Constitution, the list of Scheduled Castes in the Union territory
of Jammu and Kashmir was first notified on 22.12.1956 and last modified on 17.12.2002.2 The
Union territory has recommended the inclusion of the Valmiki community as a synonym of
Chura, Bhangi, Balmiki, Mehtar in the Scheduled Castes list.3 Based on this recommendation,
the Constitution (Jammu and Kashmir) Scheduled Castes Order (Amendment) Bill, 2023
proposes to modify the list by amending the Constitution (Jammu and Kashmir) Scheduled
Castes Order, 1956 to include Valmiki in entry 5, applicable only to the Union territory of
Jammu and Kashmir.4
● Experts have highlighted that Valmikis are predominantly concentrated in Jammu city.
5Valmikis, essentially Dalits, have a history marked by widespread oppression and repression
from other castes, often experiencing caste-based violence. Some assert their lineage from the
hermit Valmiki, author of the Ramayana.6 In the 1950s, Bakshi Ghulam Mohammad’s
Government brought them from Punjab for manual scavenging to address a local strike by
sweepers in Jammu.7
● They were provided with free transportation, special permits, land for housing, and residential
accommodations by the Government. Moreover, they were also promised relaxation in the
‘permanent resident’ clause, Government jobs for their children, free housing, ration cards, civic
amenities, and regular municipal jobs. Despite initial benefits, discrimination emerged.8
● While the first generation had no issues, subsequent generations faced obstacles. Changes in
the Civil Service Regulations allowed their appointment as sweepers, but the permanent
residence requirement remained for other opportunities. This hindered access to higher
education and promotions, trapping Valmikis in the position of sweepers without the
benefits of SC certificates and Government Schemes.9 Despite their significant contribution,
they were denied voting rights as they came from outside the region.10
● The Valmikis also faced challenges in residential rights; as colonies allotted to them remained
unregularized. The younger generation experienced a cycle of poverty, constrained by limited job options and educational opportunities. Denied SC certificates, they struggled to obtain
loans or vote in elections despite residing in Jammu and Kashmir for decades. 11
● Erstwhile Article 35A (which granted special rights to Jammu and Kashmir residents)
worsened their plight, limiting their rights and perpetuating caste-specific professions.
Despite qualifications, Valmikis were constrained to low-paying jobs, continuing the cycle of
poverty and denial of basic human rights. Members of Jammu’s Valmiki community had even
approached the Supreme Court in April 2019, challenging the constitutionality of Article 35A.12
● The annulment of Article 370 of the Constitution had brought a sense of hope and
opportunity to more than 3,000 members of the Valmiki community.
13 Valmiki communities in the Union Territory were given the right of voting for the first time in their lives during the District Development Council (DDC) polls in the Union Territory.14
● The ongoing efforts to amend the Scheduled Castes list signify a positive stride toward
recognizing and rectifying historical wrongs, offering the Valmiki community a chance at a more
equitable future in the Union Territory.
1 Article 341 of the Indian Constitution.
2 Statement of Objects and Reasons, The Constitution (Jammu and Kashmir) Scheduled Castes Order (Amendment) Bill, 2023.
3 Ibid.
4Ibid.
5 “How 3 reservation bills introduced in Lok Sabha are likely to impact BJP’s vote share in Jammu & Kashmir”, The Print, July 2023. Available at: https://theprint.in/india/how-3-reservation-bills-introduced-in-lok-sabha-are-likely-to-impact-bjps-vote-share-in-jammu-kashmir/1687906/.
6 “The Constitution is Allowing the Continued Discrimination of Valmikis in J&K”, The Wire, June 2019. Available at: https://thewire.in/rights/jammu-and-kashmir-article-35a-valmikis.
7 “How 3 reservation bills introduced in Lok Sabha are likely to impact BJP’s vote share in Jammu & Kashmir”, The Print, July 2023. Available at: https://theprint.in/india/how-3-reservation-bills-introduced-in-lok-sabha-are-likely-to-impact-bjps-vote-share-in-jammu-kashmir/1687906/.
8 “The Constitution is Allowing the Continued Discrimination of Valmikis in J&K”, The Wire, June 2019. Available at:https://thewire.in/rights/jammu-and-kashmir-article-35a-valmikis.
9Ibid.
10 Ibid.
11 Ibid.
12 “Punjab’s Valmikis in Jammu and Kashmir move SC against Article 35A”, The Times of India, April 2019. Available at: http://timesofindia.indiatimes.com/articleshow/68827731.cms utm_source=contentofinterest&utm_medium=text&utm_campaign=cppst.
13 “Six-decade-long battle of citizenship comes to an end as Valmikis get domicile certificates in Jammu and Kashmir”, The Hindu, July 2020. Available at: https://www.thehindu.com/news/national/other-states/six-decade-long-battle-of-citizenship-comes-to-an-end-as-valmikis-getdomicile-certificates-in-jammu-and-kashmir/article32239828.ece.
14 “West Pakistan refugees, Valmikis to vote for first time in J&K polls”, Deccan Herrald, November 2020. Available at: https://www.deccanherald.com/india/west-pakistan-refugees-valmikis-to-vote-for-first-time-in-jk-polls-915840.html.