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Maharashtra · Jul-Aug 2018

Kaygaon to the Supreme Court: the Maratha quota agitation of 2018

After two years of silent marches, a protester's death in the Godavari set off bandhs, arson and thousands of police cases, and pushed the Fadnavis government into a 16% quota law that the Supreme Court later struck down.

Reservation and casteMaharashtraMumbai

On 23 July 2018, Maratha protester Kakasaheb Shinde jumped from a bridge into the Godavari at Kaygaon in Aurangabad district during a "jal samadhi" protest for reservations, and died. Maratha groups called a Maharashtra bandh on 24 July and a Mumbai bandh on 25 July, which turned violent, and further violence followed at Chakan on 30 July and in the 9 August statewide bandh. In November 2018 the Fadnavis government passed a law giving Marathas 16% reservation; the Bombay High Court upheld it at 12-13% in 2019, but the Supreme Court struck it down in May 2021.

58silent marches held from Aug 2016 to Aug 2017 before the stir turned violent
447people detained in Mumbai during the 25 July bandh, per police
4,000-5,000people booked after the Chakan violence of 30 July
205arrested in Pune and Aurangabad after the 9 August bandh
16%quota in the SEBC Act passed on 29 Nov 2018
460 of 5482018 protest cases withdrawn by Feb 2020

Key takeaways

  • On 23 July 2018 Kakasaheb Shinde, a Maratha protester in his late twenties, jumped into the Godavari from the Kaygaon bridge in Aurangabad district during a "jal samadhi" protest and died, triggering a Maharashtra bandh on 24 July.
  • During the 24 July bandh a head constable on duty at Kaygaon died; police first said the cause was not ascertained, while ANI reported a heart attack after stone pelting.
  • The 25 July Mumbai bandh was called off at about 3 pm after stone pelting, arson and road and rail blockades; Mumbai police detained 447 people.
  • The Maharashtra legislature unanimously passed the SEBC Act on 29 November 2018, giving Marathas 16% reservation on the basis of the State Backward Classes Commission report.
  • The Bombay High Court upheld the law on 27 June 2019 but cut the quota to 12% in education and 13% in jobs; a five-judge Supreme Court bench struck it down on 5 May 2021.

Background: from silent marches to anger

Marathas make up about 30% of Maharashtra's population, by most press estimates, and have long sought reservation in government jobs and education PTI via The Wire. A 16% quota ordinance issued by the earlier Congress-NCP government in 2014 was stayed by the Bombay High Court for breaching the Supreme Court's 50% ceiling on reservations ThePrint.

The community then held 58 large silent marches between 9 August 2016 and 9 August 2017 Scroll. The last, in Mumbai on 9 August 2017, ran from Jijamata Udyan to Azad Maidan, and Fadnavis told the Assembly that day that the matter "has been referred to the backward classes commission" The Quint. In June 2017 the government had asked the State Backward Class Commission to study the community's backwardness ThePrint.

By July 2018 younger leaders felt "cheated by the government because of unfulfilled promises", said community leader Virendra Pawar Tribune. On 19 July Fadnavis told the Assembly the state would provide a 16% quota for Marathas in 72,000 jobs if the Bombay High Court agreed Scroll. Protesters wanted a firmer commitment.

The Pandharpur stand-off

Maratha groups said they would not let Fadnavis perform the customary chief minister's puja at the Vitthal temple in Pandharpur on Ashadhi Ekadashi, 23 July, without a concrete assurance. A state transport bus was set on fire in Solapur district on 21 July Tribune.

Government's position On 22 July Fadnavis cancelled the visit. He said police had intercepted messages "like 'will release snakes among devotees', 'could create a situation that would lead to stampede'", and that he would not endanger about 10 lakh pilgrims Scroll. Claim · Maratha Kranti Morcha The Morcha demanded an apology for the allegation that community members planned violence at Pandharpur, and this became one of the bandh demands Tribune.

Kaygaon, 23 July 2018

On the afternoon of 23 July, Maratha groups held a "jal samadhi" (water immersion) protest at the Kaygaon bridge over the Godavari. Police tried to stop protesters from jumping, but Kakasaheb Shinde went into the river. He was pulled out and taken to hospital but declared dead Asian Age National Herald. PTI gave his age as 27; National Herald and Asian Age gave 28 PTI via The Wire.

Claim · Protester Protester Yogesh Shirke alleged that police provoked the young men, challenging them to jump "if we actually have Maratha blood running through our veins" Outlook. No police response to that allegation appears in the reports reviewed.

Protesters refused to take the body until the chief minister resigned, demanded an abetment-to-suicide case against Fadnavis, and sought Rs 50 lakh for the family Asian Age. The Aurangabad collector said the family would get Rs 10 lakh and his brother a government job National Herald.

The bandhs of 24 and 25 July

The Maratha Kranti Morcha's Maharashtra bandh on 24 July excluded Mumbai, Pune, Satara and Solapur National Herald. Protesters set a truck on fire at Gangapur, torched a fire brigade van at Kaygaon, and internet services were suspended in rural Aurangabad Scroll PTI via The Wire. Shiv Sena MP Chandrakant Khaire was manhandled at Shinde's funeral and his car stoned PTI via The Wire.

A head constable from Osmanabad on duty near Kaygaon died. Reports spell his name differently (Sham Atgaonkar, SL Katgaonkar, Shyam Lakhan Kadgaonkar). Claim · Police PTI quoted police as saying he died after a commotion that followed stone pelting, that the cause was "not ascertained", and that "some injury marks were seen on his hands and legs"; ANI reported a heart attack after a mob stoned police PTI via The Wire Scroll Tribune.

Protester Jagannath Sonawane consumed poison on 24 July and died the next day. His age is given as 31 by PTI on 24 July and 55 in later reports. Claim · Aurangabad SP Superintendent of Police Arti Singh said he was not part of the protest and took his life over domestic issues Tribune.

On 25 July the Mumbai bandh brought protests at 45 places: BEST buses were stoned and one was set alight in Mankhurd, trains were halted at Ghansoli and Jogeshwari, and the Mumbai-Pune and Mumbai-Goa highways were blocked at Kalamboli, where two police vans were burnt and police fired plastic bullets and tear gas Tribune. Satara SP Sandeep Patil was injured in stone pelting. Police detained 447 people in Mumbai and 20 in Thane, and the Morcha called off the bandh just before 3 pm.

Rohan Todkar, 21, injured at Kopar Khairane on 25 July, died on 27 July; the Navi Mumbai crime branch took over the probe Scroll.

Chakan and the 9 August bandh

On 30 July protesters blocked the Pune-Nashik highway at Chakan and attacked the police station. Police said over 30 vehicles were torched and over 100 buses damaged, eight police officials were injured, and prohibitory orders were imposed Asian Age. Pune rural police registered two FIRs against over 5,000 unidentified people and said "the rioters were outsiders". PTI later put those booked at over 4,000, vehicles damaged at over 60 and losses at Rs 8 crore; revenue officials had estimated Rs 8 to 10 crore. Arrests reached 41 by December 2018 PTI via LatestLY.

The Morcha rejected Fadnavis's verbal promise of a quota by November and went ahead with a statewide bandh on 9 August, the second anniversary of the first silent march. Its leaders said several hundred Maratha youths were in jail Tribune.

The organisers issued a code of conduct, but the day saw arson, road blocks and clashes, mainly in Pune and Aurangabad. Internet was suspended in Navi Mumbai and districts including Pune, Kolhapur, Sangli, Aurangabad, Osmanabad, Yavatmal and Ahmednagar, and state buses were largely suspended IANS via The Quint. Mumbai saw only token protests.

In Pune, 185 people were arrested for stone pelting at Chandni Chowk, vandalism at the collector's office and other incidents; police said all were "outside elements". In Aurangabad 20 were arrested, and industry bodies said 60 industrial premises in Waluj were attacked Scroll. Claim · Industry body Anand Pole of the Chamber of Marathwada Industries and Agriculture estimated private losses in Waluj at "at least Rs 300 crore" Open. No official loss figure was found.

Timeline

  1. 58 silent marches

    Maratha groups hold silent marches across the state, ending in Mumbai Scroll.

  2. Pandharpur visit cancelled

    Fadnavis cites intercepted threats and skips the Ashadhi Ekadashi puja Scroll.

  3. Death at Kaygaon

    Kakasaheb Shinde jumps into the Godavari and dies Asian Age.

  4. Maharashtra bandh

    A head constable dies at Kaygaon, vehicles burnt, internet cut in rural Aurangabad PTI.

  5. Mumbai bandh

    Violence at 45 places; 447 detained; bandh called off about 3 pm Tribune.

  6. All-party meeting

    Special session promised after the commission report; minor cases to be withdrawn Deccan Herald.

  7. Chakan violence

    Police station attacked, dozens of vehicles burnt Asian Age.

  8. Statewide bandh

    Violence in Pune and Waluj; 205 arrests Scroll.

  9. High Court upholds law

    Quota cut to 12% (education) and 13% (jobs) ThePrint.

  10. Supreme Court strikes it down

    Five-judge bench finds no extraordinary circumstances to breach 50% LiveLaw.

Both accounts

Protesters' account

Leaders said the government had not met "even a single of our 30 demands" despite years of peaceful marches Outlook. The Sakal Maratha Samaj demanded an apology and resignation from the chief minister, Rs 50 lakh for the families of the dead, and action against police who baton-charged women LatestLY. Organisers repeatedly said they wanted peaceful protest and blamed "miscreants" for the violence; after the Mumbai bandh, convenor Virendra Pawar apologised "for the trouble to the common man" Deccan Herald.

Police and government account

Fadnavis said the government was "committed to give reservations" but the matter was sub judice, and invited protesters for talks Deccan Herald. He said a law needed the commission's recommendation, and that the delay arose partly because the commission's first chairman died LatestLY. Police in Pune, Chakan and Thane said much of the violence was by "outsiders" or "mischievous elements" and that serious cases such as arson and attacks on police could not be withdrawn PTI via LatestLY.

The commission and the SEBC Act

After the 28 July all-party meeting, Fadnavis said: "We would pass a law or a resolution", once the State Backward Class Commission reported Deccan Herald. The commission, headed by Justice MG Gaikwad, submitted its report on 15 November 2018, recommending 16% reservation under a new Socially and Educationally Backward Class (SEBC) category that would not touch existing SC, ST and OBC quotas AFP via The Peninsula Jurist.

On 29 November 2018 the legislature passed the bill unanimously and without discussion. Opposition leader Radhakrishna Vikhe-Patil credited the "58 peaceful processions" and "the sacrifices of 40 people" AFP via The Peninsula. The law took total reservation in the state to 68% Jurist.

What the courts decided

On 27 June 2019 Justices Ranjit More and Bharati Dangre of the Bombay High Court held that the state had competence to pass the SEBC Act and that "extraordinary circumstances" shown by the Gaikwad commission allowed the 50% ceiling to be crossed. They ruled that "the 16 per cent should be reduced to 12 to 13 per cent as recommended by the commission" Tribune. Morcha leader Virendra Pawar called the result "a slight compromise" ThePrint.

On 5 May 2021, in Dr Jaishri Laxmanrao Patil v. Chief Minister, a five-judge bench of Justices Ashok Bhushan, L Nageswara Rao, S Abdul Nazeer, Hemant Gupta and S Ravindra Bhat unanimously struck down the Maratha quota and overruled the High Court Jurist. Admissions to PG medical courses made under the quota until 9 September 2020 were protected LiveLaw.

Neither the Gaikwad Commission nor the High Court have made out any situation for exceeding the ceiling of 50% reservation for Marathas.

Justice Ashok Bhushan, Supreme Court, 5 May 2021 (LiveLaw)

The court also found Marathas adequately represented in public services LiveLaw. The state's review petition was rejected in April 2023 and a curative petition was filed LiveLaw.

Withdrawal of cases

On 28 July 2018 Fadnavis said he had told the police chief to withdraw cases against protesters. "Those who have beaten up police officers or have been seen committing serious offences like burning cars or destroying property won't be spared," he said Deccan Chronicle. Pawar later said there were cases against "10,000 Maratha youth" over the three years of protests ThePrint.

On 27 February 2020 Home Minister Anil Deshmukh of the new Maha Vikas Aghadi government said 460 of the 548 cases related to the 2018 Maratha quota protests had been withdrawn Scroll. Police had said in December 2018 that serious cases, such as those over Chakan involving arson and attacks on police, could not be withdrawn PTI via LatestLY.

Outcome

  • Deaths: Kakasaheb Shinde (23 July); a head constable at Kaygaon (24 July); Jagannath Sonawane (25 July, motive disputed by police); Rohan Todkar (27 July); other suicides were linked to the stir in press reports.
  • Detentions and arrests: 447 detained in Mumbai and 20 in Thane on 25 July; 41 arrested for Chakan by Dec 2018; 205 arrested in Pune and Aurangabad after 9 August.
  • Internet: Suspended in rural Aurangabad on 24 July and in several districts on 9 August.
  • Law: SEBC Act, 16% quota, passed 29 Nov 2018.
  • Courts: Upheld at 12-13% by the Bombay High Court (2019); struck down by the Supreme Court (2021).
  • Cases: 460 of 548 withdrawn by February 2020.

What happened next

The demand returned in 2023 with Manoj Jarange's hunger strike at Antarwali Sarati in Jalna, leading to a new 10% SEBC Act in February 2024. That law is being heard afresh by a third full bench of the Bombay High Court, under Justice Makarand Karnik, from 9 October 2026; the 2021 curative petition is still pending in the Supreme Court LiveLaw.

Questions people ask

Who was Kakasaheb Shinde?

A Maratha protester from Aurangabad district who jumped from the Kaygaon bridge into the Godavari during a "jal samadhi" protest on 23 July 2018 and died. His death set off the July 2018 bandhs.

What was the SEBC Act 2018?

A Maharashtra law passed unanimously on 29 November 2018 that classed Marathas as a Socially and Educationally Backward Class and gave them 16% reservation in jobs and education, based on the Gaikwad commission report.

Why did the Supreme Court strike down the Maratha quota?

On 5 May 2021 a five-judge bench held there were no extraordinary circumstances to exceed the 50% ceiling set in the Indra Sawhney case, and that Marathas were adequately represented in public services.

Were cases against Maratha protesters withdrawn?

Partly. In February 2020 the state said 460 of 548 cases from the 2018 protests had been withdrawn. Cases involving attacks on police, arson and property damage were kept.

Sources

  1. PTI via The Wire: Maratha quota protests, Mumbai bandh, 24 July 2018
  2. Outlook: Maratha quota agitation escalates, constable killed in stone-pelting, 24 July 2018
  3. National Herald: Maharashtra bandh after youth's suicide during Maratha reservation stir, 24 July 2018
  4. Asian Age: Bandh called after Maratha youth loses life, 24 July 2018
  5. Scroll: Pro-reservation Maratha outfit sets truck on fire during statewide shutdown, 24 July 2018
  6. Deccan Herald: Maratha quota stir turns violent, 25 July 2018
  7. Tribune: Mumbai bandh over Maratha quota called off after stir escalates, 25 July 2018
  8. Tribune: Maratha protests turn violent, 22 July 2018
  9. Scroll: Fadnavis cancels Pandharpur temple visit after Maratha outfits threaten to protest, 22 July 2018
  10. Deccan Herald: Maharashtra to have special Assembly session, 28 July 2018
  11. Deccan Chronicle: Maharashtra to hold session over Maratha quota, 29 July 2018
  12. LatestLY: Maratha outfit demands Fadnavis's resignation, threatens Jail Bharo, 28 July 2018
  13. Scroll: Situation under control in Chakan hours after Maratha protest turned violent, 30 July 2018
  14. Asian Age: Around 5K booked for Chakan violence, 1 Aug 2018
  15. PTI via LatestLY: 11 more arrested for Chakan violence, 5 Dec 2018
  16. Tribune: Maratha bandh, fear of violence forces Maharashtra to shut schools, colleges, 8 Aug 2018
  17. IANS via The Quint: Maratha quota Maharashtra shutdown ends with violence, 9 Aug 2018
  18. Scroll: At least 185 people arrested for violence and vandalism in Pune, 10 Aug 2018
  19. Open: The angry Maratha, 16 Aug 2018
  20. The Quint: Maratha Kranti Morcha in Mumbai, 9 Aug 2017
  21. AFP via The Peninsula: Marathas now entitled to 16% quotas in Maharashtra, 29 Nov 2018
  22. Tribune: Bombay HC upholds Maratha reservation with reduced quota, 27 June 2019
  23. ThePrint: Fadnavis and BJP win significant battle as Bombay High Court clears Maratha quota, 27 June 2019
  24. LiveLaw: Supreme Court strikes down Maratha quota, 5 May 2021
  25. Jurist: India Supreme Court strikes down state affirmative action law, 7 May 2021
  26. Scroll: Maharashtra withdraws 460 Maratha quota violence cases, 27 Feb 2020
  27. LiveLaw: Bombay High Court constitutes new bench on Maratha quota, 18 Sept 2026