Deconstructing the Status of Nomadic Tribe of J&K: A Socio-Legal Study of Gujjar Bakkarwal Community Post Article 370 Amendment

The word “Tribe” is nowhere defined in the India Constitution, but the existence of Tribe, Tribal and their culture is somewhat which is known to India and its people since centuries ago. Tribal communities in India have a very long history of living peacefully and have always been a protector of mother earth. Tribals who can be classified into nomadic tribes and semi-nomadic tribes are known for their peculiar style of living very close to nature and have their own identity. Laws in India give special protection to tribal communities and areas where such tribal communities reside to preserve their distinctiveness and age old customs. But it is not uncommon that nomadic and semi-nomadic tribes are today living in a marginalized state in the Indian sub-continent, especially the Gujjar Bakkarwal nomadic tribal community of Jammu Kashmir. These Gujjar Bakkarwal tribal people are living a pastorial nomadic lifestyle today in J&K, where they are far away from the basic amenities and civil rights available to the common citizens of India. Children in this tribal community are not literate, whereas old and feeble are suffering from the health issues but this tribal community continues to be neglected and discriminated by the government of the erstwhile State of J&K. This Gujjar Bakkarwal community which comprises ninety percent of the Scheduled Tribes in J&K is deprived today from government schemes, education, healthcare and other benefits. They have never been given reservation in erstwhile State legislative assembly or House of People since independence. This community has always been a victim of State politics in J&K. Situation is said to have improved for them since Aug, 2019 when Article 370 of Indian Constitution have been amended by Parliament of India. This paper is an attempt to analyze the socio economic profile of Gujjar Bakkarwal community both Pre and Post Article 370 amendment. Study will also cover the legal imperatives available to this community within the contours of Indian legal system and the Constitution of India.