In September 2022, Chhattisgarh High Court struck down a 2012 order by the state government which elevated tribal reservation in the state from 20% to 32% and reduced reservation for the Scheduled Castes from 16% to 12%, citing it as 'unconstitutional'.
The Congress govt of the state has convened a special assembly session to debate and resolve the issue.
But Why Was Reservation Quota for Tribals Increased?
In 2000, when Chhattisgarh state was carved out of Madhya Pradesh, the reservation quota stood at 20% for ST, 16% for SC and 14% for OBC. The same was carried forward to the Chhattisgarh state.
But after the new state was formed the population ratio changed, and in 2005 the union government asked the state government to rework the reservation quota ratio.
As per the census of 2011 in Chhattisgarh, 31% out of its total population is tribal.
Chief Minister Bhupesh Baghel, earlier in October 2022, said that reservation for tribals should have been increased in 2005 when the union government advised Chhattisgarh to give reservation based on the proportion of the population.
Baghel alleged that the BJP state government didn't act on the recommendations until 2011-12, when they were forced to rework the quota ratios after a massive tribal agitation.
The then Raman Singh led Chhattisgarh government passed a legislation in 2012 increasing the quota of reservation for Scheduled Tribes from 20 percent to 32 percent and at the same time decreased the quota for Scheduled Castes from 16 percent to 12 percent, while OBC reservation remained at 14%.
The High Court struck down this legislation on Monday, 19 September 2022, reinstating the quota ratios applicable before 2012.
What Happens Next?
After the High Court's order Baghel took to Twitter on Friday, 21 October, to say that the state government had filed a petition in the Supreme Court against the High Court's order of canceling the hiked reservation quota.
"We are committed to the reservation interests of Scheduled Castes and Scheduled Tribes. We have filed a petition in the Supreme Court against the cancellation of 58 percent reservation by the Chhattisgarh High Court. This fight will be fought with full engrossment, diligence and honesty…,"Baghel's tweet read.
But... what about ongoing 'Job-related' Exams?
Lakhs of tribal students across Chhattisgarh who had appeared for various recruitment exams conducted by the state government are upset with the sudden massive reversal in the reservation quota.
In Raigarh district, 27-year-old Harikishan Sidar who cleared his data entry operator job in ST category, while talking to The Quint, said that it's a gross injustice to reduce the tribal reservation and even more so, to put ongoing recruitment proceedings on hold.
"I have been preparing for the government job since 2018. First, COVID wasted two years of our lives and now after clearing the exams, our recruitment has been put on hold. Our request is to let those who have cleared these exams join their jobs, because our exams and recruitment processes happened before the judgment. All changes should be implemented from the new recruitment notifications (onwards)."Harikishan Sidar
Another student, Upendra Gupta, who cleared the same exam from the OBC quota and was ranked #16 in the state, said:
"The recruitment process is now full of obstacles. Either there are no jobs, or if vacancies are advertised and applications invited, then some other problem occurs, and recruitment is cancelled. Nobody cares about the lives and efforts of the students. I have been preparing for this job since 2018, and now it seems that I have prepared for nothing."
BJP and Congress Playing the Blame Game?
After the High Court's order the state has been witnessing a tribal agitation demanding the reinstatement of the 32% reservation for the tribals.
The BJP has joined in and has carried out protests in multiple parts of the state, calling Congress a 'foe of tribals'.
During a protest in Raipur on 9 September 2022, a senior BJP tribal leader Nandkumar Sai said:
"When BJP was in power in the state it ensured that tribals got their rights, but the current Congress government has betrayed them. BJP is with tribals in their fight for restoration of 32 percent reservation benefits for them".
On the other hand, the Congress has lashed out at the BJP for delaying the implementation in the first place.
Meanwhile, senior Congress tribal leader Arvind Netam claims that both, Congress and BJP, have betrayed the tribals and are responsible for the 'cut' in the reservation quota for tribals.
"First the BJP delayed the implementation of the reservation quota based on proportion of the population and then the Congress govt didn't put up a fight with the right papers and preparations in court, which led to the decision being overturned. In the entirety, the tribals are suffering,"Arvind Netam said
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