Exceptional backwardness in Maratha community, members deserve quota: Commission to Bombay High Court

Mumbai: There is an "exceptional backwardness" among persons from the Maratha community and the entire group is looked down upon, hence they deserve reservation in educational institutions and government jobs, a Backward Classes Commission has submitted to the Bombay High Court.

The Maharashtra State Commission for Backward Classes (MSCBC) filed an affidavit on July 26 as directed by the high court in response to a bunch of petitions challenging reservation granted to persons from the Maratha community. It also said that as per the data relating to 10 years' statistics of suicides committed by open-category persons, more than 94 per cent belonged to the Maratha community.

The Maharashtra government had in February this year granted 10 per cent reservation to the Maratha community under the Socially and Educationally Backward Class (SEBC) category in government jobs and education. The petitions had also challenged the recommendations submitted by the commission, based on which the decision was taken. In the affidavit, the commission said it carried out a quantitative research study and also studied the reports and recommendations made by previous committees.

"The study revealed that the Maratha community was being looked down upon in the state. It was found that there was exceptional backwardness among the Maratha community," the affidavit said.

The backwardness had to be viewed as something exceptional and beyond ordinary for the reason that in a high economic growth society like India, the normal trend would be progressive in all aspects but in case of Maratha community it is not so, it added.

"Against the buoyant economic conditions of the present day, the abject economic condition of the Marathas demonstrates their unusual and extraordinary economic backwardness," the commission said. The affidavit claimed its data showed that the Maratha community had been pushed to the dark edges of mainstream society that it can no longer be considered a part of the mainstream of the society in any real sense of the term.

In its affidavit, the commission said the 50 per cent cap on reservation in a state is "only directory and not mandatory" and may be the general norm. "However, in exceptional or extraordinary circumstances, there is no bar to make a reservation beyond 50 per cent," it said. The study revealed profound disparities especially in the perceived backwardness based on caste and traditional occupation as well as current occupation, higher engagement in manual labour for both women and men within the Maratha community, the affidavit said.

"The data also disclosed a high incidence of suicide by the members of the Maratha community, which was a sign of extreme depression and desperation," it said. The data relating to 10 years' statistics of suicides committed by open category persons including Marathas showed that only 5.18 per cent of the persons who committed suicide were from non-Maratha open category and an overwhelming majority of persons, i.e. 94.11 per cent, were from Maratha community, the affidavit claimed.

From 2018 to 2023, there was a higher percentage of Maratha farmers who committed suicide as compared to farmers belonging to other categories. It added that suicide by a person was an extreme step which a person would not take unless he or she sees no way of coming out of worrisome situation arising from lack of opportunities to improve his or her standing in the social order.

"These findings underscored the social hurdles that the Maratha community faces including stigma and practices that contributed to their social backwardness," the affidavit said.

The commission said the economic data highlights the significant disparities in the living conditions, land ownership and financial obligations between the Maratha and the open category.

"The data revealed that the Maratha community showed higher rate of poverty, more significant reliance on kutcha pucca houses and higher percentage of consumption loans, and so on," it said.

The affidavit said Maharashtra had been witnessing an ever-increasing demand from the members of the Maratha community to provide them reservation in educational institutions in the state and appointments in public employment and posts being socially and educationally backward.

"The State had also seen agitations and rallies in support of the demand, which on some occasions took somewhat violent tum. Nearly 95 youths (as reported by the state government), stated to be belonging to Maratha community, committed suicide in the year 2023-24. These events reflected a deep sense of anguish, despair and distress among the members of the Maratha community," it said.

The affidavit said that as per the study carried out by the commission, persons from the Maratha community had attained lower levels of education as compared to the open category, especially in terms of completing secondary education and achieving graduate, post graduate degrees and professional courses.

A full bench of Chief Justice D K Upadhyaya and Justices Girish Kulkarni and Firdosh Pooniwalla will hear the petitions on August 5.