Explained: Why has Jarange revived quota stir, and can he secure OBC status for Marathas?

Maratha quota activist Manoj Jarange on Monday (September 1) stopped drinking water as his hunger strike at Azad Maidan in south Mumbai over the demand for reservation entered the fourth day.

Jarange reaffirmed his vow that he would not budge till the government fulfils his demand for a 10 per cent quota to the Maratha community under the OBC category.

Also read | Jarange’s hunger strike continues; protesters turn Azad Maidan area into open camp

With the deadlock continuing, Maharashtra minister Radhakrishna Vikhe Patil said the government was working on a solution to the Maratha quota issue, which will stand in the court of law. Vikhe Patil, who heads a cabinet sub-committee on the Maratha reservation issue, met Chief Minister Devendra Fadnavis on Sunday night to discuss the situation. “We are working to resolve the issue. I agree it’s taking time. But the solution should be sustainable in courts,” the minister told reporters on Monday.

Who are the Marathas, and why are they seeking reservation?

Marathas are estimated to constitute about 33 per cent of Maharashtra’s population. Historically, they span a wide spectrum of identities, from landowners and peasants to warriors, encompassing several castes. The Maratha Kshatriya section carries surnames such as Deshmukh, Bhonsle, More, Shirke and Jadhav, while most others belong to the Kunbi sub-caste, traditionally an agrarian community.

The distinction between Kshatriyas and Kunbis existed until the days of the Maratha empire, but over time, the gap blurred, and today, most Marathas are primarily engaged in farming. It is important to note that while all Marathas speak Marathi, not all Marathi speakers are Marathas. “Maratha” refers to a cluster of castes, whereas “Marathi” denotes the language spoken across Maharashtra and in parts of neighbouring states.

Tradition speaks of 96 clans that together form the core of the Maratha community, though the precise composition of these clans remains contested, with several versions of the list in circulation. With around one-third of Maharashtra’s population, Marathas represent one of the largest communities in India, exercising immense influence over both state and national politics. In fact, Maharashtra has seen Maratha chief ministers in office for 31 years.

Yet, the majority of Marathas are small farmers, holding less than two hectares of land. Low agricultural yields and recurring droughts have left many struggling with agrarian distress. This hardship explains why the Marathwada region has emerged as the epicentre of the Maratha reservation movement.

The state government is considering extending reservation to Marathas in Marathwada by issuing Kunbi certificates, effectively granting them entry into the OBC category. However, Jarange has insisted that the agitation will not end until all Marathas across Maharashtra are brought under the reservation framework and given its benefits.

What key events shaped the Maratha community’s decades-long struggle for reservation?

The Maratha community’s agitation for reservations traces back to 1982, when the first major protest was led by labour union leader Annasaheb Patil. His demand was for quotas based on economic criteria, rather than caste. Patil warned that he would end his life if the government ignored his plea. When the then Congress government under Babasaheb Bhosale failed to act, Patil carried out his threat, marking the first death in the long and turbulent struggle for Maratha reservation.

In the years that followed, the demand for economically based reservations gradually shifted to caste-based quotas, especially after the Mandal Commission report of 1990, which redefined India’s reservation landscape.

In 2004, the Maharashtra government decided to include Maratha-Kunbis and Kunbi-Marathas in the list of Other Backward Classes (OBCs), but it excluded those identifying strictly as Marathas. Since Kunbis were already recognised as OBCs, Maratha leaders began pressing for the wider Maratha community to be brought under the same category. This sparked opposition from other OBC groups, who feared that the entry of the politically and socially influential Marathas would diminish their share of benefits.

By 2014, a committee headed by then Chief Minister Narayan Rane recommended a 16 per cent quota for Marathas and a 5 per cent quota for Muslims. The Maharashtra government attempted to implement this recommendation, but the move was quickly stayed by the Bombay High Court.

Tensions escalated further, and in 2016, the movement for Maratha quotas began to gather serious momentum. The agitation culminated in 2018 with widespread and sometimes violent protests by Marathas, countered by demonstrations from other socio-economic groups opposing the demand.

Amid mounting pressure, the government led by Chief Minister Devendra Fadnavis, heading a BJP–Shiv Sena coalition, passed a bill on November 30, 2018, granting 16 per cent reservation to Marathas in both education and government jobs.

What stands in the way of the Maratha quota?

Legal battles and judicial scrutiny have troubled the Maratha reservation ever since it was granted. The policy was first challenged in the Bombay High Court, which upheld its validity but reduced the quota from 16 per cent to 13 per cent in jobs and 12 per cent in education.

Also read | Jarange's Maratha quota protest brings Mumbai to a standstill; essential services hit

Subsequently, the Maratha quota was challenged in the Supreme Court, where a Constitution Bench in May 2021 struck down the 2018 Maharashtra law that provided quota benefits to Marathas. The court ruled that the legislation violated the 50 per cent ceiling on reservations. “The 2018 Maharashtra state law violates the right to equality. We won’t re-examine the 1992 verdict, which capped reservation at 50%,” the five-judge bench observed.

With the Maratha quota pushing total reservations in Maharashtra to around 64–65 per cent, the court held that there was no valid reason to breach the ceiling. The judgement was anchored in the landmark 1992 Indra Sawhney case (popularly known as the Mandal judgment), which had firmly set the 50 per cent limit. This setback from the apex court is what led activists like Jarange to intensify their push for OBC status instead.

Later, the Supreme Court agreed to take up the Maharashtra government’s curative plea on the matter. For now, it is this 50 per cent cap that blocks the path of Maratha reservation, and the community’s future depends on what the court ultimately decides.

What is the SEBC Act passed by the previous Eknath Shinde government last year?

The SEBC Act, passed on February 20, 2024, by the Eknath Shinde-led Maharashtra government, was based on the recommendations of the Maharashtra State Backward Class Commission (MSBCC) headed by retired Justice Sunil Shukre. The commission had concluded that “exceptional circumstances and extraordinary situations” justified extending reservation benefits to the Maratha community, even if it meant breaching the 50 per cent cap on quotas laid down by the Supreme Court.

The legislation, introduced just ahead of the Lok Sabha and Assembly elections, immediately triggered a wave of public interest litigations and petitions questioning its constitutional validity. At the same time, several Maratha organisations filed intervention applications to defend the law and oppose the challenges.

Last month, a newly constituted bench of the Bombay High Court began hearing fresh petitions against the Maharashtra State Reservation for Socially and Educationally Backward Classes (SEBC) Act, 2024. The law provides 10 per cent reservation in education and government jobs for the Maratha community. For now, admissions and job appointments made under this Act are being allowed, but they remain subject to the final outcome of the court’s directions.

What are the key demands raised by Jarange during his fresh protest in Mumbai, and how has the Maharashtra government responded so far?

Jarange insists that every Maratha be recognised as belonging to the Kunbi (OBC) category. He cites historical documents, especially from the Hyderabad and Satara gazettes, to support this linkage and argues that this would make Marathas eligible for OBC reservations.

The activist demands that Kunbi caste certificates be issued to all Marathas, including their “sage soyare” (blood relatives), extending eligibility across entire family networks. His overarching goal is for the Maratha community to benefit from OBC reservations in both government jobs and educational institutions. He insists on a Government Resolution (GR) or formal notification to operationalise Maratha inclusion as Kunbis, rather than relying solely on committee reports.

He also requested the government to amend the free education policy, providing educational support to Marathas from kindergarten to postgraduate levels until formal reservation benefits are extended. He also called for the withdrawal of all legal cases filed against Maratha activists during prior agitations.

Also read | CM Fadnavis on Maratha quota: Govt working to resolve issue legally

However, Maharashtra Deputy Chief Minister Devendra Fadnavis has dismissed Jarange’s demand to include the Maratha community in the OBC category, asserting that Marathas cannot be classified as Kunbis, who are already recognised under OBC.

He clarified that the government had received claims that Marathas and Kunbis are the same, but legally and constitutionally, they cannot be treated as such. “In the OBC category, there are already 350 communities. Including Marathas in this list would result in injustice to those already classified under OBC,” he said.

He underlined that the state has already extended a separate quota to Marathas under the Socially and Educationally Backward Classes (SEBC) category, along with access to benefits available under the Economically Weaker Sections (EWS) quota at both state and central levels.