While the party is under pressure from its supporters and followers, primarily the outsiders, the dikus, to protect their interest and ensure their share in the jobs, the threat of tribals rebelling against the government initiative and taking to streets has been haunting the BJP leadership. No doubt the BJP is dependent on the non-tribals for its survival in Jharkhand, it cannot dare to antagonise the tribals at a time when the RSS plans to spread into the Jharkhand villages to counter the spread and activities of the Christian missionaries. After the assembly elections, the RSS had chalked out a plan to launch a massive exercise to bring back the Hindus who had embraced Christianity.

Raghubar Das is trying to accomplish the task of tight rope walking, but it is absolutely explicit that he would not succeed in appeasing both; pro and anti policy camps, in the backdrop of the 2002 High Court order. In 2001 the BJP government of Babulal Marandi had come out with the domicile policy primarily aimed at protecting the interest of the dikus. The government had stipulated that persons whose names, or those of their forefathers, figured in the 1932 survey settlement of land records would be deemed 'domicile' of Jharkhand, and such persons would be eligible to apply for Class III and IV government jobs and also for admission to technical institutions.

The policy was challenged in the court. It was charged that it envisages depriving a major chunk of the population, which had settled after the 1932 survey settlement of land records, of their basic rights. While it hurt the dikus, it did not either help the adivasis. A sizeable section of the tribals do not have valid documents to prove that they are the original inhabitants. A substantial percentage of tribal and other original inhabitants, moolvasi, are landless. The government does not know how to identify them and where to place them on the domicile spectrum.

In 2002 the constitution bench of the Jharkhand High Court in 2002 had struck down the notification of the then BJP government. The five-judge bench while asking the government to redefine the word 'local', said that the definition of a local resident should not be the length of time he has lived in the state but preference in jobs should also be given to those who held similar qualifications. The court refused to accept the domicile policy as constitutional. In its verdict, the court observed: 'How would concerned authorities determine local persons merely on the basis of identification by five local khatiyanis (land surveyors), whose ancestors' names appearing in the records of rights are stated to have been prepared more than 70 years ago?'

Different tribal outfits have been demanding 50 per cent reservation in all grade III and grade IV government jobs whereas sadaan moolvasis have been demanding a share in reservation at par with the tribals. The controversy mainly emerges in finalising of a cut-off date for the moolvasis, who are not willing to share reservation provisions with those who migrated into Jharkhand in the recent past. A couple of days back the parliamentary affairs minister Saryu Rai said; 'It is not that there is no domicile policy in place, we are having the 2001 policy in place but the amendments introduced in 2002 have been restricted by the high court and we need to be careful in introducing a new policy,'

In the wake of this court order the Jharkhand government had come out with a modified notification saying that those who have been living in the state for generations and yet did not have their names in the land records could get certified as locals by five people whose names appeared in the survey as living in the same village or district for generations. This was primarily aimed at helping the non-tribals. Even today the non tribals get preference over the tribals in the matter of class III and class IV employments on the plea that the adivasis lack the basic qualification required for these jobs. What has enraged the adivasis is these jobs going to candidates from Uttar Pradesh and other northern states. The 'outsiders' are being recruited in absence of a proper policy to safeguard the interests of local people.

Apart from the present animosity between pro- and anti-domicile policy groups, Jharkhand has witnessed tribal groups indulging in clashes and violence on this issue. It is irony that the state has become a hotbed of communal politics. The S.Cs and the S.Ts, who once fought unitedly for creation of Jharkhand State, are now divided on the issue of quotas.

In 2012 during Arjun Munda’s tenure, a ministerial sub-committee was formed under the chairmanship of AJSU chief Sudesh Mahto. The draft policy suggested a good deal for all those who have been residing in the state, be it moolvasis (original settlers) of both categories, khatiyani (those with land records) or non-khatiyani, Third and fourth grade government jobs should henceforth be given only to Jharkhand residents, a committee formed to frame the state’s domicile policy has recommended. In its recommendations submitted to chief minister Hemant Soren on June 11, last year, the high-level committee said that those who have been residing in Jharkhand for the last 15 years or more, or are government employees, would be considered Jharkhand Niwasis, a criterion similar to what is being followed in Chhattisgarh that was formed along with Jharkhand in 2000. While khatiyanis need to provide land details while applying for government jobs, non-khatiyanis need to get their gram sabhas to certify that their families have been residents of the state since the last three generations or more. “We have submitted our report to the chief minister for further action,” said state finance and energy minister Rajendra Prasad Singh, who headed the committee.

Nevertheless in the prevailing political situation, almost all the major opposition parties have come out in favour of the adivasis and moolvasi. Even Babulal Marandi, the chief of the JVM has preferred to toe the line of JMM and oppose the move of the BJP government to provide jobs to the outsiders. He holds the view that the state government along with Centre should enact law for a limited time to enforce ban on outsiders seeking jobs in Jharkhand.

Opponents of Raghubar Das nurse the view that the present move of the BJP government to dole out jobs to outsiders is primarily aimed at gaining mileage during ensuing assembly elections to Bengal, Bihar and Uttar Pradesh. However Das is confident of overcoming the situation and would start the process of discussion with the stake holders to reach a solution. (IPA Service)