Maharashtra: Comprising 28% of population, Marathas secure 10% quota; Jarange unhappy

Mumbai, Feb 20 (PTI) The Maharashtra legislature on Tuesday unanimously passed a bill providing 10 per cent reservation for the Marathas in education and government jobs under a separate category, but the fasting activist Manoj Jarange appeared firm on his demand for quota for the community under the OBC head.

Chief Minister Eknath Shinde tabled the Maharashtra State Socially and Educationally Backward Bill, 2024, in the Assembly during the one-day special session of the legislature called to resolve the months-long deadlock on the Maratha quota issue, which received a fresh attention after Jarange launched his first indefinite fast in August last year.

The bill, which was passed unanimously by the House, stated that the Marathas comprise 28 per cent of the total population of Maharashtra, and is the second attempt in 6 years to provide reservation benefits to the agitating community.

Opposition parties supported the bill providing quota for the Marathas under the socially and educationally backward category, but outside the House they raised doubts over the legislation passing the legal test.

In 2018, the then-BJP government had enacted the Socially and Educationally Backward Classes Act to provide quota to the Marathas, but the measure failed to pass muster with the Supreme Court.

A substantial number of castes and groups are already placed in the reserved category, getting about 52 per cent of reservations altogether. It would be completely inequitable to place the Maratha community in the Other Backward Class (OBC) category, the Bill said.

The backwardness of the Maratha class is distinct and different from backward classes and, more particularly, OBC in the sense that it is more pervasive in terms of its coverage, it differs in its penetration and further regressive in character, the bill said.

The Maratha quota bill also proposed that once the reservation comes into effect, its review could be taken after 10 years.

Out of the 52 per cent reservation currently existing in the state, the Scheduled Castes are eligible for 13 per cent, Scheduled Tribes 7 per cent, OBCs 19 per cent, Special Backward Classes 2 per cent, Vimukta Jati 3 per cent, Nomadic Tribe (B) 2.5 per cent, Nomadic Tribe (C) Dhangar 3.5 per cent and Nomadic Tribe (D) Vanjari 2 per cent.

After tabling the bill in the Lower House, CM Shinde said as many as 22 states in the country have crossed the 50 per cent reservation mark.

"For instance, Tamil Nadu state has 69 per cent, Haryana 67 per cent, Rajasthan 64 per cent, Bihar 69 per cent, Gujarat 59 per cent and West Bengal 55 per cent. I can mention other states as well. The purpose of the session is to help the (Maratha) community," he said.

"We want to give reservation to the Maratha community without touching the existing quota of the OBCs in the state. The Marathas have been struggling for the last 40 years to get reservation benefits," the CM said.

The bill was later passed unanimously in the state legislative council. It will now be sent to Governor Ramesh Bais for his assent.

However, activist Jarange, sitting on an indefinite hunger fast since February 10 at Antarwali Sarati village in Jalna district in support of his demand for reservation for the community under the OBC category, appeared unimpressed by the passage of the bill.

He said it doesn't matter if the Maharashtra government grants 10 per cent or 20 per cent reservation to the community, the quota must be under the OBC category and not separate.

Speaking to reporters, the activist said, "The government is giving us what we don't want. We want a reservation under the OBC category, but they are giving us a separate quota instead. If the government doesn't discuss and implement the draft notification on the reservation for blood relatives of Kunbi Marathas, we will decide on the course of the agitation tomorrow (Wednesday)." Kunbis fall under the OBC category and get quota benefits.

"A separate reservation outside the OBC category might pose legal challenges, as it could exceed the 50 per cent reservation cap," said the activist, who is on his fourth hunger strike.

NCP founder Sharad Pawar said the draft of the latest Maratha quota bill was similar to the earlier legislation which could not stand the scrutiny of the Supreme Court in the past.

"We need to see what happens to the fresh bill in the Supreme Court," Pawar told reporters in Kolhapur.

Shiv Sena (UBT) president Uddhav Thackeray hoped the legislation passes the test of law, but pointed out that the measure has taken just ahead of polls.

Talking to reporters, Thackeray said the government must now clarify how many jobs will the youth from the Maratha community get under the quota.

“All parties have unanimously passed by parties. I hope that this law stands the test of law,” the former CM said.

Senior Congress leader Vijay Wadettiwar dubbed the entire exercise a "farce" with an eye on the upcoming elections.

"The law on the Maratha reservation was passed earlier also, but it was rejected by the Supreme Court. This (bill) was (brought) conveniently before polls. The legislation will not stand the test of law. This is a farce to win elections," Leader of Opposition in Assembly Wadettiwar, told reporters.

Maharashtra Navnirman Sena chief Raj Thackeray wondered if granting reservation comes under the purview of the state government. PTI