Inclusion of ‘sage-soyare’ makes Maratha activist Jarange-Patil call off quota protest: What this means, what its impact will be

What does ‘sage-soyare’ mean?

‘Sage-soyare’ is a Marathi term for ‘relatives from the family tree’. According to the government notification, the term  includes “relatives of an applicant’s father, grandfather, great-grandfather, and in earlier generations forming out of marriages within the same caste.”

In other words, affinal relations — relations through marriage —formed after a marriage within the same caste in generations prior to the applicant’s will also be considered sage-soyare. For instance, if your uncle marries within the same caste, all his affinal kin will fall within the definition of sage-soyare.

Why did Jarange-Patil demand inclusion of sage-soyare in the government notification?

The inclusion of the term is to do with difficulty faced by Maratha families in Marathawada (south-eastern Maharashtra, adjacent to present-day Telangana) in obtaining Kunbi certificates. Till now, the caste of a child was decided solely through the paternal line. This meant that regardless of the mother’s caste, the child would carry the caste of his father.

Now, the process of finding historical Kunbi records is much easier in parts of Maharashtra which were ruled by the British. Consequently, a large number of  Maratha families in Vidarbha (eastern Maharashtra), western Maharashtra and north Maharashtra have already taken Kunbi certificates.

However, in Marathwada, which was under the rule of the Nizam of Hyderabad, finding Kunbi records of previous generations is notoriously difficult. As a result, far fewer people in this region have been issued Kunbi certificates. Even children of Kunbi certificate-carrying women married into Maratha families in the region do not have the certificate. This was a major issue raised by Jarange-Patil’s agitation.

So, how does the latest notification change things?

The draft notifcation says, “…the sage-soyare shall be considered among the relations/relatives from the patriarchal relatives as well as the relations forming out of marriages and proof being given to prove that the marriage is within the same caste, the Kunbi caste certificate shall be issued after field enquiry.”

With addition of  “relations forming out of marriages … within the same caste,” the government has opened the door for giving Kunbi certificates based on the maternal line as well.

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Will it affect other inter-caste marriages as well?

Unlikely, as the government has specifically mentioned the word “marriage within same caste.” OBC is not a caste, but a class. Kunbi-Maratha, Maratha-Kunbi etc. are castes within the OBC.

If a person with a Kunbi certificate from one of these castes marries someone from their own caste without a certificate, the family of the other person will now be eligible to get a Kunbi certificate, as well.

Is this likely to face legal challenges?

Certainly. The wording in the draft is subject to interpretation. The government has not openly allowed caste of maternal relatives to be considered for an applicant. OBC organisations and leaders are planning to meet on Sunday (January 28) to decide further strategy.

The government has also sought suggestions and objections on the draft notification till February 16. A legal battle is imminent.