The problems they have been facing in J&K are:

 

• Around 200 Valimikis families were brought from Punjab to J&K in the year 1957 to be employed as sweepers (SafaiKaramcharis). A cabinet decision was taken in this regard and these families were given assurance that the permanent residentclause would be relaxed for them. Though the number of their family members, in each family, has increased and their numerical strength as sweeper has increased manifold yet the permanent resident clause has been relaxed for them only to the extent of being the SafaiKaramcharis in J&K. It means even if they are well qualified for other positions in J&K government yet they can only take up the job of a sweeper. It is ironical that the caste specific profession has been imposed in secular India in the state of J&K, and the information on it remained secret from the entire country. So, isn’t it that the J&K government has promoted religion based discrimination?

 

 

 It means even if they go for higher education,the state will offer them only the job of a sweeper. It also conveys the message that their education is futile, if they are planning to apply on any other post except sweeper, in the state of J&K. This is a de-motivating factor for the youth, belonging to this community, and unfortunate part is that on the one side Indian constitution talks about mainstreaming them whereas on the other side, the J&K government restricts their mainstreaming in the society. Also, J&K government discourage them to get education, as it seems useless for them because they belong to a particular caste and religion.

 

• Though the educated sweepers in Jammu Municipality are qualified for promotions yet the government has sidelined them and did not allow them to improve their living conditions.

 

• The sweeper of this state can vote in LokSabha elections but they have no right to vote in State Assembly or municipality elections. It means politically keeping them away from the democratic process of the state.

 

• Their colony at Valmiki Colony, Gandhi Nagar, Jammu has not been regularized till date by the state government.

 

Though lot many problems are faced by the people of this community due to Article 35A yet no solution is available till date. It is the slavery of worst kind in globalised world, where people clamour about Dalit rights.

 

 

The constitution of India provides variousmeasures for their welfare, development and empowerment, some of which are:

 

• Article 17, which talks about abolishing and prohibiting untouchability. To give effect to this provision, the government of India has enacted the Protection of Civil Rights Act, 1955. Yet not allowing Dalits to move on the ladder of promotion from sweeper to the other higher posts is not considered the violation of this constitutional provision in J&K.

 

• Article 23 that prohibits trafficking in human beings and beggary and other similar forms of forced labour. Indian Government has enacted Bonded Labour System (Abolition) Act, 1976 to implement this Article. But isn’t it a forced or bounded labour that they will remain sweeper in their entire life, even if they are much capable and qualified to get intoother higher posts.

 

• Article 332 provides for reservation of seats for SCs/STsin the State VidhanSabhas (Legislative Assemblies). Isn’t the J&K government blatantly violating this Article, when the entire India is complying with it? 

 

• Article 16(4) empowers the State to make “any provision for the reservation in appointments or posts in favour of any backward class of citizens which, in the opinion of the State, is not adequately represented in the services under the State”. Isn’t it the violation of this Article by J&K government when their adequate representation is restricted only to the post of sweeper?

 

• Article 16(4A) empowers the state to make reservation in matters of promotion to any class or classes of posts in the services under the State in favour of the Scheduled Castes and the Scheduled Tribes which, in the opinion of the State, are not adequately represented in the services under the State".Isn’t it the violation of this Article when the state machinery is restricting their promotion from the post of sweeper?

 

• Article 335 states that“the claims of the members of the Scheduled Castes and the Scheduled Tribes shall be taken into consideration, consistently with the maintenance of efficiency of administration, in the making of appointments to services and posts in connection with the affairs of the Union or of a State”. Isn’t it the violation of this Article, when the J&K state does not consider the claims of the members of Dalit community?

 

• Article 46 reads as “the State shall promote with special care the educational and economic interests of the weaker sections, of the people, and in particular, of the Scheduled Castes and the Scheduled Tribes, and shall protect them from social injustice and all forms of exploitation”.Though this provision cannot be challenged in any court of law but does it absolve the state from complying with this provision. Instead of doing something all the contrary successive governments, in centre and state, have done nothing for Dalits of J&K in this direction.

 

 

 

 

Ironically, the state sanction to discrimination is given by the then Congress Government in 1954, when it clandestinely inserted the draconian provision i.e. Article 35A in the Constitution of India. This discrimination is different from the caste based discrimination practiced in any other parts of the country because unlike in case of any other parts of the country here the discrimination is practiced by the Muslims. Surprisingly, this sort of discrimination is being accepted by all the parties, pseudo-liberals, media and Human Rights organisations and activists, who speak in favour Dalits in India. Though in any other part of India, Dalits issues are much debated and discussed but the same has not happened in the case of Valmiki of J&K. The people were taken to the streets on Dalits issue but for Valmikis of J&K nothing has been done in the history of India. It is quite disheartening to know what it cost to be a Valmiki in J&K

 

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I would like to quote the architect of Indian constitution, Dr. B.R.Ambedkar, who once said,“On the 26th of January 1950, we are going to enter into a life of contradictions. In politics we will have equality and in social and economic life we will have inequality. In politics we will be recognizing the principle of one man one vote and one vote one value. In our social and economic life, we shall, by reason of our social and economic structure, continue to deny the principle of one man one value. How long shall we continue to live this life of contradictions? How long shall we continue to deny equality in our social and economic life? If we continue to deny it for long, we will do so only by putting our political democracy in peril. We must remove this contradiction at the earliest possible moment or else those who suffer from inequality will blow up the structure of political democracy which this Assembly has so laboriously built up.” His words are still valid and one can easily understand why he has made such provisions for Dalits and other vulnerable sections of the society. He advocated for one vote one person and understands the worth of every individual irrespective of his caste, class, creed, sex, region and religion. Yet his vision of equality has been overlooked in the case of Valmikis, who were not given even the politicalequality,in the state of J&K. The legal sanctioning of discrimination in J&K on religious ground speaks a lot about the double standard of the secularist or better called pseudo-seculars and the government of India. Today, we are living in a world wherein a Dalit gets recognised by his or her place of origin. If he/she is a member Valmiki community from J&K he or she losses the tag of a Dalit and the pseudo-seculars or fictitious liberals will remained tight lipped even if they are discriminated in the state. The unfortunate part is that only selective information is being passed on to the people. Also, the people who clamour about discrimination in the society are generally perpetrator of such a crime. Dalits in J&K have also been facing the problems which are not very well known. Also, whether these hapless Dalits, who have been betrayed by the earlier Governments, will get support from any quarter is a difficult question. Further, it raises the question on the very intent of one religious community, which is second largest in the country and the largest one in J&K, yet it is called minority. I feel that in the present scenario, it is difficult to raise finger at the hitherto powerful political class otherwise one can be labelled as communal.

 

 

There is good number of national and state level political parties like BSP, RJD, SP, CPI etc., whose political survival is based on the politics revolving around Dalits. Also, the national level dynastic political party like Congress talks aloud about the development of Dalits.But strangely all the rhetoric around Dalits and their empowerment get muted in Jammu and Kashmir. Even political parties fail to raise their voice in favour of Dalitsin the state of J&K. It makes one to ponder over whether the politics of caste is more prominent in India or the politics of religion is more prominent? Whether the BJP is more communal, for which it has gained notoriety, or is it the other political outfits, who are opportunists? Mayawati’s entire politics depends mainly on Dalits yet she has never spoken a single word about the discrimination faced by the Valmikis in J&K andsame is the case with RJD Chief Lalu Prasad Yadav, Congress and the left. So, it is easy to construe that the earlier governments differentiate between Dalits of J&K and Dalits living in other parts of India. Not only the political outfits but the so called secular, or more appropriately pseudo-seculars, and fictitious liberals also remain tight lipped on Dalit issues in J&K. By pseudo-seculars and fictitious liberals, I meant that people who say that do not differentiate among people on the basis of caste, class, sex, region and religion but they actually do it.

 

 

Coming back to the problems of Valmikis I can only say that when the entire country is bound to take measures for their protection, development and empowerment, why one state is privileged to discriminate them or in more precise term restrict them from advancing in career and life. Is the appeasement policy more important than justice?Isn’t the then government of India has given the license to the state to discriminate or rather suppress the people belonging to other religious faith? I am hoping that Valmikis, like any other oppressed and vulnerable section of the society, of J&K, will get justice from the apex court, as the matter is subjudiced there.