Explained: Why Sena-UBT wants quota for Marathis in residential buildings

While there is no end in sight to the movement for Maratha quota in government jobs and education institutions in Maharashtra, Uddhav Thackeray-led Shiv Sena (UBT)  has now given a call for 50 per cent quota for the Marathi community in new residential buildings coming up in the state.

With an aim “to prevent migration” of Marathis from Maharashtra, Shiv Sena (UBT) MLC Anil Parab on Monday (June 24) moved a private member’s Bill to seek a 50 per cent quota for Marathis in the new residential buildings to be constructed in the state.

A private member's Bill can be moved by any House member in their personal capacity, seeking a new law or tweaks in an existing statute.

What does the Bill moved by Parab propose, and what’s the motive?

According to the proposed Bill, a developer who fails to provide 50 per cent reservation to Marathis in a residential building could face up to six months in prison. The Bill also seeks ₹10 lakh fine in any case of “discrimination”. The Bill is likely to be tabled in the Monsoon Session of the Maharashtra Assembly.

Parab has alleged that Marathi-speaking people are being denied housing in Maharashtra over their food preferences and religion. “The percentage of Marathi people in Mumbai is decreasing day by day, and there have been multiple instances of houses being denied to Marathi people under the pretext of food preferences or religion,” he said.

“Maharashtra got Mumbai after the sacrifice of 105 martyrs. However, Maharashtrians are now being denied houses in Mumbai. It is difficult for Maharashtrians to get houses on rent. So, 50 per cent of houses should be reserved for Maharashtrians in the new buildings to be constructed in the state. There is an urgent need to enact a law in this regard,” Parab was quoted as saying by The Indian Express.

Citing a “discrimination” case from Vile Parle, the Sena-UBT leader said a builder did not let Marathis to buy houses in a residential colony over their “food preferences”. He said this wasn’t an exception and there are many instances of Marathis being denied housing in Maharashtra.

What has been the political reaction to the Bill?

Rival political parties have slammed the Sena-UBT for raking up this issue now. BJP MLA Atul Bhatkhalkar flayed the party “for not doing anything” about it while it was in power following the 2019 Assembly elections.

“The MVA (Maha Vikas Aghadi, a coalition of Sena led by Uddhav Thackeray, Congress and NCP) government ruled the state for two-and-a-half years, and Uddhav Thackeray was the Chief Minister. Parab was a minister in the MVA government. Why did Parab not do anything during that period? Besides that, his party was in power in the BMC (Brihanmumbai Municipal Corporation) for over two decades. Parab should declare what his party did to encourage Marathi builders in Mumbai,” he said.

The ruling party in the state, Eknath Shinde-led Shiv Sena, also hit out at Parab, saying the issue has been raised in view of the upcoming Maharashtra Assembly elections. “Were Anil Parab and his Shiv Sena (UBT) sleeping for so many days? They should have done it far earlier to provide justice to Marathi manoos. But even after ruling Mumbai for 25 years, Shiv Sena failed to provide employment and business to Marathi people,” said Shiv Sena spokesperson Arun Sawant.

Will the proposal stand legal scrutiny in the court of law?

Legal experts have expressed doubt over the viability of the Bill proposed by Shiv Parab, which aims to reserve 50 per cent of new housing for Maharashtrians in Mumbai.

They argue that it likely won’t survive judicial review as it conflicts with the constitutional principle of equality.

Former Bombay High Court Chief Justice RD Dhanuka told TOI that such quotas “are impermissible by law”. He added that Mumbai housing societies attempting to restrict membership based on religion or community have been deemed unconstitutional by the courts.

Is there any truth in the claims of discrimination with Maharashtrians while selling/renting property?

As Parab pointed out, there have been instances in the past where divisive practices came to the fore and people were denied property for purchase/rent on the basis of their religion or caste.

In one such instance, a 35-year-old woman was allegedly denied office space and manhandled in a Mulund West housing society in September last year, allegedly as she was a Maharashtrian.

Subsequently, Mulund police booked 80-year-old Praveenchandra Tanna, and his 55-year-old son Nilesh Tanna, the building’s secretary, for allegedly barring Trupti Deorukhkar, who sought to rent a 150 sq ft space in Shiv Sadan building, to run her digital marketing and social media venture. The duo was booked under sections 341 (wrongful restraint), 323 (voluntarily causing hurt) and 504 (intentional insult with intent to provoke breach of the peace) of the IPC and later released on bail.

The discrimination in housing is often seen against Muslims, single women and men, transgenders, meat-eaters (referred to as non-vegetarians), people from UP and Bihar, scheduled castes and tribes.

In 2015, a Maharashtrian man was denied an apartment he wanted to buy in Malad because the builder was not selling to “Maharashtrians, Muslims and other non-vegetarian buyers”. Back in 2009, actor Emraan Hashmi had gone public with a similar story where he was denied an apartment because of his religion.