In the run-up to the assembly elections, Shiv Sena (UBT) MLC Anil Parab introduced a private member’s bill proposing a 50 per cent reservation for Marathi-speaking residents in new Mumbai housing projects. The bill, pending the deputy chairperson’s approval, suggests penalties up to Rs 10 lakh and/or six months’ jail for developers who don’t comply, TOI reported.

Shiv Sena (UBT) holds 9 seats in the 78-member legislative council and 15 seats in the 288-member assembly. The opposition coalition, Maha Vikas Aghadi (MVA), has 75 assembly members and 29 council members, while the ruling Mahayuti alliance controls 212 assembly seats and 28 council seats. The proposed bill may be presented during the monsoon session starting this Thursday.

Parab introduced the bill after numerous cases where Marathi-speaking individuals were denied housing due to their food choices or religion. “Discrimination based on such grounds is unconstitutional,” he stated. Parab highlighted a Vile Parle incident where a builder refused to sell homes to Marathi people citing their food habits. Despite protests, government action was lacking, and the builder only apologized after media exposure. Parab emphasized that Marathi speakers are now a minority in Mumbai.

A private member’s bill can be moved by any House member in their personal capacity seeking a new law or tweaks in an existing statute.

Legal experts have expressed doubts about the viability of the bill proposed by Shiv Sena (UBT) MLC Anil Parab, which aims to reserve 50% of new housing for Maharashtrians in Mumbai. They argue that it likely won’t survive judicial review as it conflicts with the constitutional principle of equality. Former Bombay High Court Chief Justice R. D. Dhanuka noted that such quotas “are impermissible by law.” He added that Mumbai housing societies attempting to restrict membership based on religion or community have been deemed unconstitutional by the courts.

(TOI inputs)