The second phase of agitation by this community sees Manohar Khattar’s government better prepared to deal with any contingency even as it banks on the courts to stifle further dissent
By Vipin Pubby
The rookie BJP government of Manohar Lal Khattar in Haryana appears to have learnt its lessons after first getting its fingers burnt while taking on Sant Rampal in Hisar last year and then by the gross mishandling of the agitation by Jats in February this year.
The extent of violence during the first phase of the agitation, the complete failure of the security forces, the lack of initiative by the government and the shocking role played by civil and police officers, combined to provide hard lessons to the government. It was, therefore, better prepared for the second phase of agitation that began on June 5. The government this time sent out strong signals that it would deal strictly with any kind of violence. It even made known that its intelligence units would keep a close watch on those participating in the agitation and they would be barred from government jobs.
HARYANA ACTS
Registration of about 2,000 FIRs, arrest of about 400 protesters and action against a dozen police officers too had a statutory effect. The steps taken by the government, including talks with various factions, also helped. But it was the decision of one of the two important Jat organisations and several influential Khap panchayats not to participate in the resumed agitation which took the sheen out of the second phase of the agitation led by Yashpal Malik of the Akhil Bharatiya Jat Aarakshan Sangharsh Samiti (ABJASS).
Though the new legislation brought in by the Khattar government—Haryana Back-ward Classes (Reservation in services and admission in educational institutions) Act—has been stayed by the Punjab and Haryana High Court, its passage did send a message that the government had kept its promise of providing reservation for Jats. The new Act provided for 10 percent reservation for Jats and four other categories in the Other Back-ward Classes (C) category.
Khattar, while piloting the Bill, had stated that his government would take up with the centre the need to include reservation for Jats under the Ninth Schedule of the constitution to ensure that it was not challenged in the courts. However, it would be virtually impossible for the central government to bring in such legislation. To begin with, the numbers are not in favor of the NDA government. Also, it would not like to open a Pandora’s Box and invite similar claims from Jats across the country besides other groups like the Patels.
COURT INTERVENTION
The Khattar government was also banking on the premise that the creation of a Backward Commission would delay interference from the courts. Its counsel said as much in the courts when he pointed out that those who have challenged the new legislation in the High Court have not availed all remedies, including the petition to the Backward Commission. The High Court, however, did not accept the appeal and stayed the operation of the Act. It has actually provided a breather to the Khattar government even though its counsel may claim to the contrary in court.
Critics of the government, however, say it was a planned drama to hoodwink the protestors as the government knew the courts would intervene. Khattar’s predecessor, Congress CM Bhupinder Singh Hooda, had also passed an executive order to provide reservations for Jats. It had done so on the basis of the Justice KC Gupta Commission report. It was quashed by the High Court and now the Khattar government has again referred to the same report. Chances are bright that the new law would be stuck down by the courts. Thus, it is believed that the state government has shifted the onus to the courts to do the dirty work.
As it is, the total reservation in the state is 67 percent which is in contravention of the 1992 Supreme Court ruling in the landmark Indira Sawhney case. The highest court had then ruled that reservation contemplated under Article 16(4) of the constitution should not exceed 50 percent. Under law, the quota for scheduled castes and scheduled tribes is 20 percent, for backward classes 37 percent and for economically backward persons, 10 percent.
COURT INTERVENTION
The protestors are now focusing on spreading the demand for Jat reservation to other states too. They are not only demanding that the cases registered against them be dropped but also compensation be given to over 25 Jats who were killed in the agitation. Besides, they want government jobs to be given to the next-of-kin of those killed during the agitation.
The government has made it clear that it can’t give compensation to those who indulged in violence and arson and who were killed by security forces. It has, however, given compensation of Rs. 10 lakh each to the “innocents” who were killed during the agitation after examining the circumstances.
Though the second phase of the agitation has so far remained peaceful, the government cannot afford to lower its guard in view of the recent incidents. Also, the Jats, a politically dominant community, have also tasted the power to shake the government. There is a need to reach out to them and try to get to the root of the problem—shrinking agriculture, growing unemployment and lack of opportunities to grow.