Why is it in the News?

Residents in many villages of Maharashtra’s Dharashiv district on November 1 launched a ‘jail bharo’ (court arrest) protest in support of the Maratha quota agitation.

News Summary:

• The Maratha quota agitation intensified in Maharashtra after activist Manoj Jarange started an indefinite hunger strike to press the quota demand.
• The demand for OBC reservation emerged with the Supreme Court's May 2021 ruling that invalidated the Maratha quota established by the state's Socially and Educationally Backward Class (SEBC) Act, 2018.
• The Marathas want to be recognized as Kunbis, which would entitle them to benefits under the Other Backward Classes (OBC) quota.
• The State Govt. on asked officials to issue fresh Kunbi caste certificates to eligible Maratha community members from Marathwada, paving the way for them to avail reservation benefits under the Other Backward Classes (OBC) category.
• However, Mr. Jarange opposed the move saying the entire Maratha community should be given reservation.

Historical Background of the Maratha Community:

• The Marathas, historically identified as a “warrior” caste, comprise mainly peasant and landowning groups and makeup 33 per cent of the population in Maharashtra.
• The Maratha Kshatriyas have surnames like Deshmukh, Bhonsle, More, Shirke and Jadhav while most others belong to Kunbi, a predominantly agrarian sub-caste.
• The Kshatriya-Kunbi difference existed till the days of the Maratha empire.
• Now, most Marathas are engaged in farming activities.

Difference between Marathas and Marathis:

• While all Marathas are Marathis, not all Marathis are Marathas. Maratha signifies a group of castes, while Marathi is the language spoken by several communities in Maharashtra and some neighbouring areas of other states.
• A maximal circle of 96 clans is said to include all true Maratha, but the lists of these 96 clans are highly varied and disputed.

What is the issue of Maratha Reservation?

• The Marathas have been the politically dominant community in Maharashtra — since the formation of the state in 1960 as 12 of its 20 Chief Ministers have been Marathas.
• However, with a divide in holdings and problems in the farming sector, there has been a decline in the prosperity of middle and lower-middle-class Marathas.
• The demand for the Maratha reservation has been going on for decades now.
• The demand for quota for Marathas began in 1981 when Mathadi Labour Union leader Annasaheb Patil staged a morcha in Mumbai in support of the proposal.
• The Maratha Mahasangh and the Maratha Seva Sangh organized a strong movement for the Maratha reservation in government jobs and educational institutions in 1997.
• The issue was brought up again in 2000.

Timeline of Maratha Reservation Issue:

• June 2017: An 11-member commission led by retired Justice M. G. Gaikwad was formed.
• The commission recommended providing Maratha reservation rights under the category of Socially and Educationally Backward Class (SEBC).
• November 2018: Maharashtra legislature passed a bill proposing a 16% reservation in education and government jobs for the Maratha community, declared as a socially and educationally backward class by the government.
• 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: The Supreme Court invalidated the Maratha reservation in 2021, citing the 1992 cap of 50% on all reservations. (Indira Sawhney judgment 1992)
• The total reservation ceiling was raised to 64% and 65%, respectively, by the Maratha reservations of 12% and 13% in employment and education, respectively.

Indira Sawhney judgment 1992

• In the Indira Sawhney judgment (1992), the Supreme Court made it clear that 50% reservations should generally be the rule, and the limit could only be relaxed in specific exceptional situations, typically in remote areas, to include them in mainstream opportunities.
• The Supreme Court stated that there were no such "exceptional circumstances" or "extraordinary situations" in Maharashtra to exceed the 50% reservation limit.
• Additionally, the court ruled that the state government couldn't grant socially and economically backward status to a community.
• Only the president has the authority to make changes to the central list of socially and backward classes; states can only provide suggestions.
• While the Bench unanimously upheld the constitutional validity of the 102nd Constitution Amendment, there was a difference of opinion on whether it affected the states' power to identify Socially and Economically Backward Classes (SEBCs).
• The Supreme Court emphasized that a separate reservation for the Maratha community goes against Articles 14 (right to equality) and 21 (due process of law).
• November 2022: After the SC struck down the Maratha reservation and upheld the 10 per cent quota for the Economically Weaker Sections, the Maharashtra government said that until the issue of the Maratha reservation is resolved, economically weaker members of the community can benefit from the EWS quota.
• April 2023: The state government declared that it will file a curative petition and establish a new panel to conduct a thorough assessment of the community's "backwardness" following the SC's denial of its review plea.

Maharashtra Government's Stance:

• The Maharashtra government has approved the issuance of Kunbi caste certificates to Marathas from Marathwada, based on historical documents from the Nizam era that recognize them as Kunbis.
• The main goal is to grant Marathas Kunbi caste certificates, which would classify them as Other Backward Classes (OBCs) and grant them access to the benefits reserved for OBCs.
• To ensure a standardized process, the government has formed a committee consisting of five members, led by former Justice Sandeep Shinde.
• This committee will create the Standard Operating Procedure (SOP) for issuing Kunbi caste certificates.

Who are Kunbis?

• Kunbis, a community traditionally involved in farming, are categorized as Other Backward Classes (OBC) in Maharashtra.
• During the period when Marathwada was part of the Hyderabad province, the community in that area was recognized as Kunbis, known for their farming activities.
• However, when Marathwada became part of Maharashtra, this community was categorized as Marathas.
• In 1967, Punjab Rao Deshmukh requested OBC status for Marathas in the Vidarbha region, and in 2004, the Maharashtra government issued a Government Resolution (GR) granting Kunbi status to Marathas from that area.

What is the reaction from OBC Organizations?

• Opposition to Maratha Demand: OBC organizations strongly disagree with the Maratha request for OBC reservations, fearing it might affect their existing quota.
• Reservation Concerns: OBC leaders argue that the Maratha reservation should not reduce or compromise the existing OBC reservation.
• They highlight that OBCs in Maharashtra already have a 19% reservation, which is higher than the national average of 27%.

Conclusion

In the current social and political situation, it is becoming increasingly clear that a potential conflict between the Other Backward Classes (OBCs) and the Marathas will emerge big if the problem is not addressed and managed amicably. To ensure social harmony and avoid potential conflicts, stakeholders and policymakers must engage in constructive dialogue and find fair solutions to the OBC and Maratha reservation issue.