Tuesday, October 8, 2019

Dhangar quota – demands, promises and reality.

Dhangar quota – demands, promises and reality.

The Dhangars in Maharashtra have been agitating for reservation under ST category since decades. Currently they get reservation of 3.5% under the Nomadic Tribes (C) category. Till the Maratha reservation, Dhangars were the largest single community to be included in a category on its own. Their population is estimated to be about 10% of Maharashtra’s population.

Their demands have been scaled up after the State quota granting 16% to Marathas and the Central quota granting 10% to EWS were announced. Their demand is seemingly simple, and made to look so by the assurances of leaders unaware of the practicalities of the matter. They want to be included in the ST with the existing reservation being added to the overall reservation for STs, which is 7%. The catch is that percentage of Constitutional reservations can’t be changed at the whims of state policymakers. It is for the Parliament to amend the Constitution.  

Inclusion of this or that community in ST category is the prerogative of certain Central bodies apart from the state Government. The National Scheduled Tribes Commission and the Registrar General of India have to concur with the recommendation of the State government for the inclusion of a particular community in the ST. Thereafter, the matter is referred to the Parliament for amendment of the Presidential Order.  

All of this only for the inclusion of the community in ST. Increasing the percentage of reservation for Sts is altogether another matter and seemingly impossible in the current scenario in Maharashtra already reeling under the impact of 74% reservation.

The Dhangar community, however wants to retain the reservation of 3.5% and at the same time to get protection under the Atrocities Act, exclusion from creamy layer criteria and certain other welfare benefits available only to the SCs and STs.

Maharashtra CM Devendra Fadnavis had promised that the Dhangar community’s demand would be complied with in the very first cabinet meeting. However, the power to fulfill their demands is with the Centre. The STs are apprehensive that the inclusion of Dhangars in their category would affect their chances. They are opposed to any new inclusion.  

Total reservation in the state is now 74% for education and 75% for employment. The Bombay High Court has suggested that Maratha reservation should be 12% for education and 13% for employment. Litigation regarding validity both of the Maratha and the EWS reservation is pending before the Supreme Court. In the circumstances, there seems no need to be panicky about declaration of the latest policy of the government. If it is true at all.

                                                                                                     ©Adv. Shrirang T. Choudhary

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