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Jharkhand 75% Job Quota – Burning Issues – Free PDF Download


 

  • The Jharkhand Cabinet approved an employment policy that requires
  • 75% of private sector jobs
  • up to a salary of Rs 30,000 per month
  • to be reserved for local people (Jharkhandi)
  • According to the Economic Survey, the unemployment rate in Jharkhand rose to a peak of 2% at the height of the Covid-19 pandemic in May 2020, before gradually falling to 11.3% in January 2021.
  • In January 2020, the unemployment rate stood at 10.6%.
  • An operational problem in identifying its beneficiaries.

Biggest problem in Jharkhand

Who is a Jharkhandi?

  • The issue of who is a tribal resident of Jharkhand and who is not?
  • Right since the time of its formation,
  • there has been a demand for a domicile policy.

What do Adivasis want?

  • Right from the inception of Jharkhand in 2000,
  • the Adivasis have been demanding that the khatiyan (land records) of the year 1932 be made the reference point to determine who the actual residents of Jharkhand are.
  • This is a legitimate demand.
  • It is obvious that the Adivasis have been living in Jharkhand from before 1932 and would certainly have their names in the khatiyan of 1932.
  • The best method to ensure that the Adivasis of Jharkhand get their due and the creation of the state is justified is to formulate the domicile policy of Jharkhand by keeping the 1932 khatiyan as a reference point.
  • In 2002, Marandi asked for the khatiyan of 1964 to be used as a reference point to determine the domicile policy.
  • This meant people who’ve lived or owned land in the region as per the land records of 1964 were to be considered residents of Jharkhand.
  • The non-Adivasis opposed Marandi’s proposed domicile policy.
  • There were violent agitations all over Jharkhand over the issue.
  • The reason was a large chunk of non-Adivasis had come to Jharkhand, mostly from Bihar, after 1964.
  • Chief Minister Babulal Marandi resigned in 2002
  • He quit the BJP and formed the JVM
  • All successive governments have had Adivasi chief ministers — Munda, Shibu Soren, Madhu Koda, and Hemant Soren — but no one dared to announce a domicile policy
  1. Babulal Marandi – Santhal
  2. Arjun Munda – Munda
  3. Shibu Soren – Santhal
  4. Madhu Koda – Kora

  • 2016 – Raghubar Das tried
  • First Non-Tribal CM of Jharkhand
  • Why did BJP choose a non-tribal CM?
  • After the general election in 2014, the non-Adivasi outsiders of Jharkhand demanded a non-Adivasi CM who could do “Vikas” Government was chosen on the agenda of Development
  • Raghubar Das stated that all people living in the state for the last 30 years or more would be considered residents of Jharkhand (1985)
  • Raghubar Das is not from Jharkhand but from Chhattisgarh. He migrated to Jharkhand (then Bihar) to work with Tata Steel.
  • Disregarded the khatiyan of 1932
  • Therefore played to his vote bank, tried to accommodate every non-Adivasi outsider including himself anti-Adivasi domicile policy
  • Domiciles of any state are entitled to certain privileges that are denied to other residents.
  • For instance, reservation in government jobs
  • In Jharkhand, all grade 3 and grade 4 jobs are reserved for domiciles
  • How would Das’s policy help the natives who fought for the creation of the state and have the first right over its natural resources?
  • Domiciles of any state are entitled to certain privileges that are denied to other residents.
  • For instance, reservation in government jobs
  • In Jharkhand, all grade 3 and grade 4 jobs are reserved for domiciles
  • How would Das’s policy have helped the natives who fought for the creation of the state and have the first right over its natural resources?

 

Problems with this new 75% quota policy

Constitutional problem

  • What would happen if every state began enacting similar laws.
  • “If every state does this then what happens to our constitution under Article 19 which gives us the right to travel and reside in any part of the country. It is a constitutional right but how will you exercise it if you can’t get a job or education anywhere else other than the state you were born in.”
  • The law also violates Article 14 of the constitution. “It violates the equality that the constitution grants. “When all citizens are equal, how can you exclude people in this way?

Problems with this new 75% quota policy

Constitutional problem

  • Golden rule – Indira Sawhney vs Union of India,
  • reservation capped at 50% and that should not be breached
  • Violation of Article 16(2) and (3) of the constitution which prohibits discrimination in employment on the grounds of place of residence.

Against industries

  • Industries need talent
  • Industries will be unwilling to lower their hiring standards and eventually move out
  • NIRF Rankings (Overall)
  • Only 2 in top 100
  • ISM Dhanbad, BITS, Mesra
  • NIRF Rankings (Universities)
  • Only 1 in top 100
  • BITS, Mesra

 

  • Many states tried to bring similar laws but were not successful

Issue of National Integration

  • One country vs Aggregation of states
  • Jharkhand working on an industrial and promotion policy to attract investors to the mineral rich state. There is a fear of losing out on investments.
  • Raises cost of compliance for the employers as they will have to spend time on verification and documentation of local employees
  • Increased informalization of labor market
  • Companies may opt to hire non domiciles informally to avoid legal penalties
  • Detrimental to real estate sector

Negative impact on foreign investment

  • Investors will be hesitant to invest in an area where the skill pool is limited
  • Increased scope for bureaucratic intervention, corruption
  • If states continue to introduce such laws, there will be restrictions on the free movement of labor, which, in turn, will constrain India’s ability to grow rapidly & expand manufacturing capacity. Therefore it is
  • Anti-Atmanirbhar Bharat

Rationale (Positives)

  • Rapid urbanization leads to land acquisition which reduces growth and employment opportunities in the agriculture sector.
  • We need to help the local unemployed population tap into opportunities created by the state’s transition from an agrarian economy to an industry-based one.
  • Availability of suitable workforce at a local level would enhance the efficiency of the industry by reducing worker absenteeism and dependency on migrant laborers.
  • Private sector must share the burden Since private industries use public infrastructure as well as avail various incentives (infrastructure, subsidized land, and liberalized access to credit), the state feels it has a legitimate right to require them to adhere to the policy.

 
 

 

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