OBC sub-categorisation is the only way to resolve Maratha reservation issue: Haribhau Rathod

A) I believe it is not so complex an issue as is being perceived, provided both the communities and political leaders take a pragmatic stand. The only solution to this vexed problem is sub-categorisation of the OBCs. The Marathas and Kunbis should be clubbed together as one unit and given reservation in a subcategory within the OBC. At present, the OBCs get 19 per cent reservation in Maharashtra. If 5 per cent out of 19 per cent is allocated for Maratha-Kunbi, it will resolve the problem. After all, Marathas and Kunbis are one and the same and everybody must accept sooner than later.

Q) Those opposed to the Marathas’ inclusion in the OBC category fear it will be an injustice to the OBCs? Marathas with 33 per cent will overpower other communities within the OBC?

A) The apprehensions about Maratha dominance within the OBC stems from misunderstanding. Even today, Kunbis, a socially and politically dominant community, is availing the OBC quota in Vidarbha, Konkan, North Maharashtra etc. They are already dominating the OBC quota. Therefore, what I am suggesting is that Maratha-Kunbis should be considered as one sub-caste. And they should get a 5 per cent quota within the OBC. This will leave 14 per cent for others within the OBC.

Q) But why would Marathas, who account for 33 per cent of the population, settle for 5 per cent within the OBC?

A) The Maratha population is highly exaggerated in the absence of caste census. But in reality, the Maratha population is just 10-12 per cent. The Scheduled Caste and Scheduled Tribes together make 20 per cent of the population. The OBCs are 42 per cent, Muslims 13 per cent and Brahmins 3 per cent. The population of those from outside the state/Marwari/ Sikh/Christians and others make up 10 per cent. So the Marathas don’t exceed 12 per cent.

Q) Will the Maratha quota under the subcategory withstand legal and constitutional tests?

A) Yes. In Maharashtra, we already have introduced the subcategories. If we look at reservation composition, SC 13 per cent, ST 7 per cent, OBC 19 per cent, Special Backward Class 2 per cent, Vimukta Jati 3 per cent, Nomadic Tribe (B) 2.5 per cent, Nomadic Tribe (C) per cent, Dhangar 3.5 per cent, Nomadic Tribe (D) Vanjari 2 per cent.

Now the OBCs get 19 per cent. Take 5 per cent of this and allocate it to Maratha-Kunbi. The Marathas’ demand for an OBC quota will be fulfilled. And the OBCs’ fear of Marathas dominating their quota will also be addressed. Also, this is the only solution to resolve the reservation problem in Maharashtra. It will withstand constitutional and legal tests too.

Q) What is the rationale behind the sub-categorisation of the OBCs?

A) L R Naik, member of the second Backward Classes Commission, has emphasised the inequalities within the OBC. When the Mandal Commission draft was ready, he had expressed concerns and advocated sub-categorisation of OBCs into intermediate Backward Classes and depressed Backward Classes. He wrote a dissent note, which has been attached along with the Mandal Commission report. Naik had even given the example of the dangers of putting big and small fish in the same pond. The big fish will swallow the small one.

Even the Rohini Commission report, which was submitted to the Centre in July 2023, but remains under wraps, has examined the sub-categorisation of OBCs. The commission was set up in 2017. It was tasked to look at the breakup of 2,600 caste groups covered in the central OBC list. Its stated objective is equitable redistribution of reservation benefits.

But several leaders argue that raising the reservation limit can resolve Marathas reservation row.

It will further complicate the matter. In the Indra Sawhney case, the Supreme Court has categorically said the reservation limit should not exceed 50 per cent. Now, even if the government considers Maratha reservation as a rare exemption and pushes for raising the ceiling, it will not withstand constitutional scrutiny, because Marathas are not socially backward. Even if we discount the social backwardness criterion for argument’s sake, the Centre cannot raise the reservation limit for just one community. Once it expands the reservation limit beyond 50 per cent, other communities across the country will plead for accommodation within that expanded quota. Jats, Gujjars, Rajputs… everybody will grab that expanded quota.

Q) But Maharashtra already has 52 per cent reservation.

A) I believe it should be brought down to 50 per cent. The 2 per cent quota given to Special Backward Category includes 40 communities. Now I believe even these should be covered under the OBCs, as the SBC is not on the central list of OBC. So they are deprived of major benefits in government institutions and jobs under the Centre.

Q) Why are you stressing on a caste census?

A) The caste census is essential to quantify the population. The last caste census was done in 1931. Now, unless there is quantifiable data of the caste-wise population, how can reservation be determined? Secondly, if we have to take sub-categorisation of the OBCs to its logical end, we require accurate data. Otherwise, the influential community within the OBCs will continue to get the reservation benefits and the most backward and oppressed within OBCs will be left out.

In 1902, Chhatrapati Shahu Maharaj of Kolhapur gave a beautiful example to explain reservation. To those who question reservation, he said, “There are two horses in a stable. If we place a sack full of food before them, the one who is powerful will take maximum share. The feeble horse will be deprived. But if we divide the same food and dedicate it to each one, both will get their rightful share. The sub-categorisation is to ensure equitable distribution of reservation rights to those lagging behind others within the OBC category.