Maratha Quota

GS Paper II Social Justice

Context:

Recently, the Maratha activist Manoj Jarange-Patil broke his 17-day fast demanding reservation for the community in jobs and education.

More on News:

The demand for OBC reservation arose after the Supreme Court, in May 2021, struck down the quota for Marathas under the state’s Socially and Educationally Backward Class (SEBC) Act, 2018.
The Marathas want to be identified as Kunbis, which would entitle them to benefits under the quota for Other Backward Classes (OBCs).

About Marathas:

The Marathas comprise various castes, including peasants and landowners, making up approximately 33% of Maharashtra’s population.
Historically, the Marathas have been identified as a ‘warrior’ caste known for their substantial land holdings.
Political Representation: Since the establishment of Maharashtra state in 1960, 12 out of 20 chief ministers have been from the Maratha community.

Timeline of Maratha Reservation Issue:

June 2017: 11-member commission headed by Retired Justice M. G. Gaikwad was established. The commission recommended granting reservation to Marathas under the Socially and Educationally Backward Class (SEBC) category.

About 102nd Constitution Amendment Act of 2018:

Articles 338B: It inserted Articles 338B, which deals with the structure, duties and powers of the National Commission for Backward Classes (NCBC) and,
Article 342A: Which deals with power of the President to notify a particular caste as Socially and Educationally Backward Classes (SEBC) and power of Parliament to change the list.

1992 Indira Sawhney Judgment: Key Precedents

Criteria for Reservation: “Social and Educational Backwardness”
- The Indira Sawhney judgment established that for a group to be eligible for reservation, they must demonstrate “social and educational backwardness.”
50% Limit on Vertical Quotas with “Exceptional Circumstances”
- The ruling reiterated the 50% cap on vertical quotas to maintain administrative “efficiency.” However, it allowed for exceptions to this limit in “exceptional circumstances,”.

November 2018: Maharashtra government approves reservation for Marathas under the Socially and Educationally Backward Class Act, based on the Backward Class Commission’s findings led by M G Gaikwad.June 2019: The Bombay High Court upholds the constitutional validity of the Maratha quota under the Socially and Educationally Backward Classes (SEBC) Act, 2018. It reduces the quota from 16% to 12% in education and 13% in government jobs, following the recommendations of the Maharashtra State Backward Class Commission.
May 2021: A five-judge Constitution bench of the Supreme Court, strikes down the provisions of the Maharashtra law providing reservation to the Maratha community.
- The decision is made on the grounds that it exceeds the 50% quota limit set by the court in its 1992 Indra Sawhney (Mandal) judgment.
November 2022: After the Supreme Court upholds the 10% quota for the Economically Weaker Sections (EWS), the Maharashtra state government allows economically weaker members of the Maratha community to benefit from the EWS quota until the issue of Maratha reservation is resolved.

Marathas Reservation Demand:

The M.G Gaikwad Commission Found:

Socioeconomic Conditions: Highlighted agricultural involvement, modest living conditions, and limited access to basic amenities.
- It found that 76.86 % of Maratha families were engaged in agriculture and farm labour, around 50% lived in mud houses, only 35.39% had personal tap water connections
Education and Literacy: Noted varying education levels, with a significant portion having low literacy.
- 13.42% of Marathas were not literate with only 35.31% having primary education.
Income and Poverty Levels: 93% Maratha families had an annual income of ₹1 lakh or less, and 37.38% families were Below Poverty Line.
Land Ownership: Stressed that 71% owned less than 2.5 acres of land.

Background: The demand for Maratha reservation emerges from underdeveloped areas, particularly Marathwada and other regions in Maharashtra.
Core Agitating Districts: Districts like Beed, Parbhani, Nanded, Aurangabad, and Jalna in Marathwada are pivotal in the agitation, later spreading across the state.

Causes:

Economic Underdevelopment: Economic and industrial underdevelopment in these regions, exacerbated by consistent droughts, pose significant challenges to the local population.
Lack of Industrial Growth: Unlike western Maharashtra, Marathwada lacks substantial industrial growth, limiting employment opportunities beyond agriculture.
Agricultural Unsustainability: Increasingly unsustainable agriculture forces rural youth into migration or aggressive political activism.
Government Job Aspirations: Scarce private sector jobs drive youth to seek government employment through competitive exams, leading to a pronounced demand for reservations in these sectors.

Stand of Maharashtra Government:

Who are Kunbis ?

Kunbis (the community associated with agriculture) are grouped under the Other Backward Classes (OBC) category in Maharashtra.
When Marathwada was part of the Hyderabad province, the community in the region was counted as Kunbis (farmer community).
After the Marathwada region became part of Maharashtra, the community got counted as Marathas.
In 1967, Punjab Rao Deshmukh demanded OBC status for Marathas of Vidarbha region and in 2004, the Maharashtra government issued a Government Resolution (GR) giving Kunbi status to Marathas of that region.

Provision for Kunbi Caste Certificates: Maharashtra government approves the issuance of Kunbi caste certificates to Marathas from Marathwada possessing Nizam-era documents that acknowledge them as Kunbis.
- Objective: Providing Marathas with Kunbi caste certificates implies categorizing them as Other Backward Classes (OBCs), allowing access to reservation benefits provided to OBCs.
Committee Formation for Standard Procedure:
- The government has constituted a five-member committee led by former Justice Sandeep Shinde to prepare the Standard operating procedure (SOP) for issuing the Kunbi caste certificate.

Reaction of OBC Organisations:

Opposition to Maratha Demand: OBC organizations strongly oppose the Maratha demand for OBC reservation, viewing it as a potential threat to their own reserved quota.
Reservation Concerns: OBC leaders assert that it should not come at the expense of the existing OBC quota. They argue that OBCs already have a 19% reservation in Maharashtra compared to the 27% national average.

Conclusion:

In the current social and political landscape, it is increasingly evident that a potential confrontation between the Other Backward Classes (OBCs) and the Marathas looms large if the situation is not addressed and managed amicably.
To maintain social harmony and prevent further discord, it is imperative for stakeholders and policymakers to engage in constructive dialogue and find equitable solutions.

News Source: The Indian Express