The standoff between the Gujjar community and the Rajasthan Government failed to end as the protesting Gujjars, who held up rail traffic on the crucial Delhi-Mumbai line for the third consecutive day, announced on Saturday that their stir will continue till their demand for five per cent reservation in Government jobs was not met by the Vasundhara Raje Government.
The decision to block rail traffic is causing serious prejudice to passengers during the peak summer rush and stands in clear violation of the earlier Supreme Court rulings which said that no protest can jeopardize common man’s right to free movement.
On Saturday, 16 superfast trains, including Rajdhani train connecting Delhi-Mumbai, were cancelled on account of the sit-in by members of the Gujjar community on the Delhi-Mumbai rail link in Rajasthan. They are demanding five per cent reservation in Government jobs under a special backward class category.
The Northern Railways released a fresh list announcing cancellation/diversion of trains on the busy Delhi-Mumbai route till Monday. Even trains bound to south stood cancelled leaving summer rush passengers in disarray.
The meeting called by the State Government with Gujjar leaders failed to achieve a consensus as assurances by the three Ministers of the State — Rajendra Rathore, Arun Chaturvedi and Hem Singh Bhadana, who participated in the discussion, did not convince the Gujjar community.
Gujjar leader Himmat Singh after attending the meeting said, “The Minister had no proposal to offer on our demand for five per cent reservation in Government jobs. We will intensify our protest.” Five per cent quota for Gujjars in state jobs was introduced by a 2008 Act under the specially backward class category. The challenge to this law is pending consideration in the Rajasthan High Court.
Even in the past, Gujjars blocked rail and road traffic not to the liking of the Supreme Court. laying down tough parameters to deal with any damage to public property or life caused by bandhs, hartals or agitations, the Supreme Court held on April 16, 2009 (Re: Destruction of Public and Private Properties vs State of AP) that any outfit or individual calling for bandh or agitation must pay the damage caused on account of loss caused to public exchequer. Dealing with a PIl in 2012 that questioned a 121-day road blockade in Manipur, the Court sought response of states and Centre on the question whether Article 19(1)(d) which guarantees citizens right to move freely across the country stood violated by such protests. The matter is still sub-judice.
During the Gujjar protest from May 29-June 4, 2007 when railway lines were blocked, the Court reprimanded the State and police officials for inaction. More than 50 people had died and public property worth Rs30 crore was damaged. Holding the then Chief Secretary DC Sawant and then DGP AS Gill liable for an explanation, the Supreme Court on July 18, 2012 observed, “These agitations hold common man to ransom. People have a right to agitate but the direction of HC was to do it in a manner that it does not affect the common man. If so many people die despite all this, the HC is justified to know the reason.”