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2017-10-27

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Indian Society
www.thehindu.com

Gujjars sit on a dharna at Paatoli in Rajasthan in this file photo. They are major beneficiaries of this Bill.Rohit Jain Paras  

The Rajasthan Assembly on Thursday passed a Bill which has increased reservation for Other Backward Classes in government jobs and educational institutions from 21% to 26%. The Bill created a new “most backward” category within the OBCs for providing the quota benefit to Gujjars and four other nomadic communities.

The Backward Classes (Reservation of Seats in Educational Institutions in the State and of Appointment and Posts in Services under the State) Bill, 2017, has provided 5% reservation to the Gujjar, Banjara, Gadia-Lohar, Raika and Gadariya communities. With the Bill’s passage, reservation in Rajasthan now stands at 54%, exceeding the 50% ceiling mandated by the Supreme Court.

The ninth session of the Assembly was adjourned sine die after the Bill was passed by voice vote. The session, which had started on Monday, also witnessed a major controversy over the introduction of a Bill to replace an ordinance giving immunity to public servants from investigation without prior sanction. That Bill was referred to a select committee of the House.

Gujjars and others were earlier roped in as a special backward class community and the State government had tried thrice to grant 5% reservation to them. However, the legislation was struck down every time by the Rajasthan High Court, which ruled that the quota had not only exceeded the 50% limit, but was also not supported by quantifiable data supporting the claim of Gujjars’ backwardness.

‘Increase in population’

Following an agitation by Gujjars, the Bharatiya Janata Party government had assured them that the revised OBC quota would be split to grant 5% quota to the “most backward classes”. Social Justice and Empowerment Minister Arun Chaturvedi said while replying to debate on the Bill that the reservation had been enhanced in proportion to the increase in the State’s OBC population, which was “legally permissible”.

The debate was marred by repeated interventions of Congress MLAs, who rushed to the Well of the House in support of their demand for complete farm loan waiver. They raised slogans against the ruling BJP and held it responsible for killing of Gujjars during their agitation in the past. Parliamentary Affairs Minister Rajendra Rathore retorted that the Congress was dishonouring the Gujjar community.

‘Special circumstances’

Mr. Chaturvedi said that as many as 91 communities were at present classified as OBCs, comprising 52% of the State’s population, and the State OBC Commission had recommended giving reservation to them. “As per the Supreme Court’s ruling in the Indra Sawhney case, special circumstances exist in Rajasthan for giving reservation to OBCs beyond the 50% ceiling,” he said.

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