THE MARATHA RESERVATION
ABSTRACT
From the Later Vedic period to even till now Caste plays a vital role in your life to some extend. Whether it is politically, socially, economically in every aspect its impact is vividly seen but the question is Why even after the 74 years of Independence of India we as a citizen have not overcome with the caste system? we look into all these aspects through the example of Maratha Reservation. The impact of the Maratha Reservation is not only applicable to the state of Maharashtra but the consequences after this reservation was challenged in the apex court had changed the entire scenario all over the country not only politically but also judicially.
INTRODUCTION
Reservation – one of the most controversial topics of Modern India. The word reservation has got some kind of Supernatural power because whenever the term ‘Reservation’ is used it makes the people more or less biased, sensitive, and emotional. None the less it is also one of the major tools of Indian political parties for their vote bank politics and also may be the reason that reservation remains in the media from the time of Independence to till now. The voice for Maratha Reservation was first raised in the 1980s. There were multiple demands for giving reservations to Marathas under OBC. However, the government had set up various commissions for this purpose.
Mandal Commission which was set up by the union of India in 1979 had rejected the Maratha community to be considered under OBCs.
Khatri Commission of 1995 set up by the Maharashtra government also rejected Marathas’ reservation.
In 2000 Maharashtra government gave the reservation to only the Kunbi community of Maratha. Kunbi are the non-elite farmers but this move of government further rose the demand of Marathas’ Reservation.
Bapat Commission of 2008 set up by the Maharashtra government also rejected the Marathas’ reservation.
Narayan Rane Committee of 2014 set up Maharashtra government told in its report that Maratha Community is socially, economically, and educationally backward and recommended its inclusion among the OBCs with separate 16% reservation.
Based on the Narayan Rane committee report, the Maharashtra government passed the Educationally & Socially Backward Category (ESBC) ordinance 2014 and gave 16% reservation to Marathas. But the matter came in Bombay High Court, which stayed its implementation in 2015.
A 15-year girl was raped and killed in Ahmednagar district of Maharashtra in 2016 which initiated Marathas’ consolidation under the banner of Maratha Kranti Morcha. They led massive rallies and protest throughout Maharashtra. Their demands were:-
Justice for that girl
Punishment for the Culprits
Maratha Reservation
Loan waiver of the farmers
After this incident, Gaikwad Commission was set up by the Maharashtra government which found the Marathas socially, educationally, and economically backward and recommend their reservation but the commission did not point out how much reservation they should be given it was left out in the hands of the state government to decide. In 2018 Maharashtra state passed the socially and educationally backward classes (SEBC) act 2018 which gives 16% reservation to Marathas in State’s educational institution and public employment. But this was again challenged in Bombay High Court, the court upheld the constitutional validity of the quota but it said that 16% of reservations should be reduced to 12% in educational institutes and 13% in government.
PARADOX
Marathas are the group of Castes who are mostly farmers, landlords, and warriors. They speak Marathi but all Marathi speakers are not Marathas. 32% population of the state is Marathas while 11 of the 19 chief ministers of state were Marathas.
On the other hand over the period Marathas' position declined in society which is evident through the Gaikwad Committee report.
76.86% of Marathas families are engaged in agriculture and agriculture labor
70% live in kaccha dwellings
93% of Marathas families have an annual income of 1 lakh or less than 1 lakh
37.38% of families are below the poverty line whereas the state average is just 24.2%
71% have less than 2.5 acres of land
13.42% of Marathas are illiterate
Only 6.71% and 0.77% are undergraduate and postgraduates respectively
WHY IN THE NEWS?
A special leave petition was filed in Supreme Court against the order of Bombay HC. A five-judge Constitutional bench was set up for the constitutional validity of Maharashtra state SEBC act 2018.
The apex court found that the Maratha reservation violates the judgment of Indira Sawhney vs Union of India 1992 as it breaches the 50% ceiling in a reservation. The court also found the act violates articles 14 & 15 of the constitution. The bench observed that more than 33% open category Grade A posts while 29% in Grade B, 37 % in Grade C, and 36% in Grade D posts belong to the Maratha community. The bench said in its verdict that the Constitution relies on the concept of ‘adequate’ representation not on ‘proportionate’ representation to justify reservation. However, in K. Krishna Murthy vs Union of India 2010, the apex court told that in an extraordinary situation the govt can make a reservation of more than 50% for local self-government to ensure the safeguards of SC/ST/OBCs. But the apex court did not consider the Marathas’ situation to be extraordinarily critical.
Furthermore, in 2018, the 102 Constitutional Amendment Act took place which provides Constitutional status to the ‘National Commission for Backward Classes (NCBC). NCBC will be responsible to submit its report before President and then President will lay down it in Parliament. Earlier NCBC was a statutory body under the ministry of social justice and empowerment. Before the apex court verdict on Marathas’ reservation, there were two separate groups of lists on backward classes. One was the center list has its own OBCs which can avail the reservation in central jobs and central educational institutions while the other was the state list which has its own OBCs list for their state and enjoys the reservation in state government jobs and educational institutions. But in this particular case of the Maratha reservation, the SC interpreted the 102nd Constitutional amendment and told that there will be only one list of backward classes and this list can only be amended by the Parliament. The states can only make suggestions for inclusion, exclusion, and modification in that list. This interpretation of the apex court had not only made chaos for the state governments but also the central government. The central government had moved to the apex court in its petition the govt urged the court to review its interpretation of the 102nd Constitutional amendment but the court rejected this petition.
CONCLUSION
“ Reservation in India when it was introduce was at that point of time India was different while India in present time is different” up to what certain these comments are true. Even now we can see the injustice with the weaker section but the question is who is a weaker section? Does the definition of weaker section at the of Independence to till now is same or has it changed with time. When taking into consideration of Marathas before the Independence there position was dominant in the society but is it now? if we look into the matter without the eyes of caste, we may found the answer. As of 2018, 80% of Marathas are farmers, and a region in Maharashtra called ‘Marathawada’ is one of the most affected Droughts areas of this country. Many farmers from this region commit suicide and they are continuously under heavy debt. In modern times a person’s position in society is mostly influenced by his wealth rather than his caste. But the aspiration of political parties is only on their vote bank rather than improving the conditions of weaker sections and their upliftment. There should be introspection among the castes that they deserve to be in the reservation category even after so many years of getting benefits of reservation? There is enough for need but not for greed (1)
AUTHOR DETAILS:
MAYANK KUMAR
REVA UNIVERSITY
CONTENT WRITER
LEGAL INSIGHT
[1]These were the writer’s thoughts and comments on this matter.
Comments