Rationalizing Reservation: Patidar Agitation For Quota

Must Read

What is the Real Estate (Regulation and Development) Act, 2016?

The Real Estate (Regulation and Development) Act, 2016 (“RERA”) is an Act of the Parliament. It seeks to protect...

Should the Exorbitant Amounts Charged for RT-PCR Tests be Refunded?

Introduction A plea has been filed in the Honourable Supreme Court of India seeking a refund of exorbitant amounts charged...

Should CCTV’s be Installed in the Police Station?

Introduction In a recent judgment, the bench led by Justice Nariman issued directions to both the state and Union Territory...

A Legal Analysis of the West Bengal Political Crisis on IPS Deputation

The Ministry of Home Affairs (MHA) has recently summoned three IPS officers of West Bengal (WB). The decision was...

Explained: Postal Ballot for NRIs

At the end of November 2020, Election Commission sent a proposal to the law ministry to amend the Representation...

Explained: Constitutional Provisions and Legislations With Regards to a Person with Disabilities

The world celebrates December 3 as International Day of Persons with Disabilities (IDPD). This day is also called World...

Follow us

The unprecedented mobilisation of the Patidar community for the inclusion in the caste-based reservation turned out to repudiate the precondition for nationhood which sustains establishing the community of formal equals.This whole demonstration was oriented by Hardik Patel, who under the bannership of Patidar Anamat Andolan Samiti (PAAS) gathered around 5 lac odd overtly anxious Patels to be a part of his campaign which later witnessed violent clashes between the State machinery and the local groups. The police resorted to baton-charging and lobbying the teargas shells in order to control the dramatic situation as the protestors of the community allegedly vandalized shops and buses at various places.

The reason behind such agitation has been the failure of Government authorities to protect this agrarian community. Thereby serious indictments on the political as well as economic policies of the previous BJP led government in the State were made. The notion of the success story of the Gujarat has been contended to be a myth which was repeated to the extent till it was assumed to be true. Though the question still prevails as to whether the approach in pursuance of claiming such rights were made rationally or was it a mere unplanned attempt made in haste for redressing their issues as they deemed fit. In order to deal with this standpoint we need to move beyond factual interpretation of this incident to the ideological framework adopted by such groups.

The idea of reservation from the constitutional perspective has the pre-requisite of discrimination or social backwardness for the purpose of inclusion in the under-privileged sections of the society. This construction implies that the reservation policy is exclusively redressing the caste based inequality and discrimination. Though the prevalent outlook substantiates that if there is an electorally notable population, the ability to assemble the community and achieve media attention, is considerable enough to persuade the State machinery to achieve reservation as the same might not be problematic.

Further, it is pertinent to note that this was not the foremost agitation by Patidars, as in the late 1980s the Congress government forged alliance with KHAM (Kshatriya, Harijan, Adivasi, Muslim) which followed a period of great social unrest. But then those were the anti-reservation movements which targeted the lower strata of the society, which has now though transformed into demanding rights of their own. Afterwards, a Commission was appointed to recommend the communities for Gujarat’s OBC list wherein 82 such communities were recognised in the report. At present the State has its permanent OBC Commission headed by former Gujarat High Court Judge Hon’ble Justice Sugnya Bhatt.

Though the Supreme Court through various judicial pronouncements has established that the reservations in any State cannot exceed the 50% mark, it is pertinent to mention that Gujarat has already reached the limit so any further demand by the Patels for the inclusion in the affixed 27% OBC reservation would have consequences which is evident from the opposing statements of the 146 other groups already in the backward list. This depicts that in such a society which is communally divided and deeply-caste ridden, regardless of its substantial economic growth cannot reach state of harmonization in near future.

The propagation of this economically and politically influential community posed a reason for background check as to the historical pre-condition of this community. It is notable that the term ‘Patidar’ means one who owns a strip of land. Technically, the members of these communities were among the industrious farmers wherein the erstwhile rulers of princely States appointed them as tenants of their lands. After the independence, these tenants acquired ownership rights and thereon Patidars became the owner of large strips of agricultural lands. Despite of them being in such an advantageous position, the demand for their inclusion in the OBC strata, presumably has some queer reasoning.

The justifications sought by the Patidars for this claim was primarily unemployment and increased competition in the professional educational, but these are hardly distinctive from the demands of other groups. Also, as there has been an absence of any systematic exertion to present instances of backwardness or discrimination which has already been discussed, these are requirements justifiable for reservation claims. The reservation based on caste-system thereby needs to be revisited with shouldered responsibility and in proper structured manner in order to cope up with the raise in demands at every possible juncture.

The attempts to turn this agitation into a nationwide stir led Hardik Patel to meet the representatives of the other OBC communities to seek their support or rather to present his approach in a manner avoiding further disputes between the groups. The indirect support shown to this Patidar agitation by the Bihar Chief Minister, Nitish Kumar, indicates that there are still several hidden and unknown political forces backing up this movement in order to suffice their political interests.

Thus it can be ensured that the truth enfolding the agitation will be publicised in near future but before that there is still lot of drama as to whether this movement will invoke national interest or support from unforeseen quarters that might spice up this movement. But amongst these uncertain revelations, there is one thing which is for sure that, yet again, the issue relating to reservation policy is going to draw the swords of public interest.

Latest News

WhatsApp Emails Delhi HC Judge Asking Her Not To Hear the Plea Challenging New Privacy Policy

The Delhi High Court raised strong objection to an E-mail sent by WhatsApp asking a judge not to hear the plea which challenges its new privacy policy. Justice Pratibha Singh said that the e-mail that was withdrawn later was totally unwarranted as she was anyway going to recuse from hearing the plea which was filed by Rohilla Chaitanya who contends that the new privacy policy of WhatsApp provides 360-degree access to a customer’s virtual activity and is against the fundamental right of privacy.

TRP Scam Case: Bombay HC Extends Protection To Arnab Goswami and Other Employees Till the Next Hearing

On Friday, the Bombay High court extended the protection that was given, to Republic TV’s Editor in Chief Arnab Goswami and other employees of ARG Outlier Media Private Limited till January 29th in the alleged case of Television Rating Point manipulation. A status report was submitted by the police to the division bench of Justices S.S.Shinde and Manish Pitale by the Police on the ongoing case.

Plea Seeks FIR Against Maharashtra Minister Dhananjay Munde in Bombay HC for False Info

A plea has been filed in Bombay High Court seeking an FIR against Maharashtra minister Dhananjay Munde who is undergoing times of trouble due to his extra-marital affair. Recently, an FIR had been lodged against Munde by a woman, accusing him of raping her sister. Munde clarified that he was actually in a relationship with that woman and had two children. He accused the two women of blackmailing him.

Writ Petition for Compensation Accepted by Calcutta High Court 

Introduction The Petitioner Purna Ch. Biswas filed a Writ Petition with the complaint that their claims for a higher quantum of compensation have not yet...

No Members Could Be Disqualified Without Authorisation by Political Party: Gujarat High Court

Excerpt The dispute application no.7 of 2020 filed by respondent no.2 before designated authority. Thereafter the designated authority order dated 28.10.2020 disqualified the petitioner and...

Delhi High Court Directs Delhi Jal Board To Make Supply of Potable Drinking Water

The High Court of Delhi in the matter of Delhi Sainik Cooperation Housing Ltd. v. Union of India & Ors held that right to...

Punjab & Haryana High Court Orders Security To BJP Leader Alleged for Not Supporting Farmers Protest

The Order had come in the form of a Writ Petition filed by Tikshan Sood under Article 226 of the Constitution. The petition before...

Lahore High Court Outlaws Two-Finger Virginity Test

The Lahore High Court in Pakistan has outlawed the use and conduct of virginity tests, namely, the use of the “two-finger” virginity test and...

London Court Rejects Assange’s Extradition – What Happens Now? 

Earlier last week, District Judge Vanessa Baraitser, sitting in the Westminster Magistrates’ Court denied the Government of the U.S.A.'s request to the U.K. to...

Calcutta High Court Decides in Favor of Contractor as He Accidentally Pays an Excessively High Amount

Introduction The present writ petition has been filed for a writ in the nature of mandamus commanding the Respondents to revoke the Petitioner’s offer as...

More Articles Like This

- Advertisement -