Domicile rights in Jharkhand deferred
Jharkhand is a newly created state separated from Bihar. It came into existence on 15th Nov, 2000 as 28th state in the Geographical and Political map of India. 15th November is a Birthday of a Great Freedom fighter Birsa Munda. Jharkhand is a Non-Brahmanical State. It has huge natural and mineral resources. It provides 40% minerals resources to the Nation. Most of the Heros and Freedom fighters of this land were fighting for Jal, Jungle and Jamin. Adivasis are the first who has started agriculture/cultivation after cutting few parts of the forest. Tribals and forest are inseparable related. Forest exists so does the tribals and tribal exist so does the forest. It is tribals who protected and saved forest for generation. Forest is not only the basis of their livelihood but it is life culture. Many generations of the tribals developed amongst water, forest and water falls. Prior to the British rule, forest was the part of the Village society. It was the British who for the first time tightened the noose of law upon the forest.
The Tribals have suffered destitution, starvation, unemployment, migration and displacement the most. They were the most active against the British. Today the tribals in their own country have become victimized in many ways.
After Sixty two yrs. of Indian Independence Govt. Of India accepted that a Historical Injustice has been done to ST in Forest Right Act, 2006 (Rule 2008) Till now around 42,000 ST people got land Patta under FRA. This is a very low rate of implementation in Jharkhand, lagging behind Odisha and Chhattisgarh which are neighbouring states.
In a small Budget session two major issues were raised in the Jharkhand Assembly. First was the Reservation Policy and other was Domicile Policy. Opposition leaders were demanding increase in the reservation up to 74%. At present there is 50% reservation in Jharkhand. SC—10%, ST—26% and OBC—14%. JVM leader Pradip Yadav on March 14,2016 said in Assembly to increase reservation up to 74%. He gave a formulae, i.e. SC-14%, ST-29%, OBC-29% and Poor Upper Caste—2%. But CM Raghuvar Das vehemently opposed it, by saying Supreme Court ruling of 50% limitation. C.M Raghuvar Das is a first non-tribal CM and himself an OBC.
It is important to know that Indian Parliament has not enacted any law regarding 50% limitation of reservation. It was the ruling of Supreme Court. In Indian Democracy Supreme court is not supreme but Parliament is supreme. There is more than 50% reservation in Karnataka and Tamilnadu. The provision of more than 50% reservation (of the state) has been included in the 9th scheduled of the Constitution. The provision which are incorporated in the 9th scheduled of the Constitution, court has got no right to think over it.
Another major issue is formulation of Domicile policy for the recruitment of local people. After 16 yrs of statehood no any Govt dared to formulate the policy. Three state came in to existence in a same year, i,e Uttrakhand, Jharkhand and Chhattisgarh. Uttarakhand and Chhattisgarh have their own policy. But unfortunately Jharkhand has not done so. According to recruitment policy of Bihar and U.P, only 10% out sider candidate can get employment. But due to lack of such a policy outsiders are getting employment in Jharkhand. Most of the Govt. officials in the Secretariat are out sider and upper caste Hindu. Even the CM is an ex-employ of TATA Company and originally from Chhattisgarh
This raises the important question, while talking about domicile laws in Jharkhand, why was a new state created from Bihar if it is unable to address the issues of the local adivasi/tribal people. How is the state doing justice to the local tribals.