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SC/ST quota: No plan for creamy layer, say govt
New Delhi There is no provision for creamy layer in the reservations for Scheduled Castes and Scheduled Tribes in the Constitution, and the government is committed to upholding it, the Union Cabinet said on Friday, hinting that the Centre will not take up a suggestion by the Supreme Court to institute income-based exclusions in the quota.
The remarks by Union minister Ashwini Vaishnaw, while briefing the media about the decisions taken by the Cabinet, came days after several members of a seven-judge Constitution bench called on governments to evolve criteria to institute creamy layer within SC/ST quotas.
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Vaishnaw said the government was dedicated to upholding the Constitution.
“The Supreme Court had pronounced a judgment regarding the reservation and made a suggestion regarding SC and ST reservation. Today a detailed discussion took place during the Cabinet meeting and the well thought through decision is that the NDA government is committed to adhering to the provisions of the Constitution formed by BR Ambedkar. According to BR Ambedkar’s Constitution, there is no provision for creamy layer within SC and ST,” Vaishnaw said.
The Cabinet also announced 10 million houses for urban poor and middle-class families under the Pradhan Mantri Awas Yojana-Urban 2.0 scheme, financial assistance for the construction of 20 million houses under Pradhan Mantri Awas Yojana – Gramin (PMAY-G) during 2024-25 to 2028-29, eight new railway projects at a total estimated cost of ₹24,657 crore, a Clean Plant Programme (CPP) with an outlay of ₹1,766 crore to revolutionise India’s horticulture sector, and an extension of the PM Jeevan programme, which promotes production of ethanol from biomass.
The pronouncement came hours after leaders from the SC and ST communities from the Bharatiya Janata Party met Prime Minister Narendra Modi to urge the government not to implement the court’s suggestion. Allies such as the Lok Janshakti Party had also opposed the suggestion and announced that they would take legal recourse.
Currently, creamy layer is only implemented for other backward classes (OBC) quota, where people with more than ₹8 lakh in annual income cannot avail benefits.
On August 1, the Supreme Court ruled that state governments have the authority to create subclassifications within the Scheduled Castes (SCs) and Scheduled Tribes (STs) for the purpose of preferential reservations. By allowing subclassification, the Supreme Court opened the door for states to identify and provide targeted benefits to the most disadvantaged sub-groups within the broader SC/ST categories, provided they base their decisions on empirical evidence and rational criteria.
The decision by a seven-judge Constitution bench was passed with a 6-1 majority. Chief Justice of India Dhananjaya Y Chandrachud, and justices BR Gavai, Vikram Nath, Pankaj Mithal, Manoj Misra and Satish Chandra Sharma comprised the majority while justice Bela M Trivedi dissented.
The bench rendered six separate opinions. CJI Chandrachud wrote an opinion for himself and justice Misra while justices Gavai, Nath, Mithal and Sharma wrote separate but concurring opinions. Justice Trivedi’s dissenting opinion affirmed the 2004 Chinnaiah ruling.
But in his verdict, justice BR Gavai articulated the need for the exclusion of the creamy layer within SCs and STs from the benefits of reservation policies so as to ensure that the benefits of affirmative action reach those who are genuinely in need, rather than those who have already transcended their social disadvantages.
Historically, the Supreme Court had confined this principle to the OBCs, explicitly stating that it had “no relevance in the case of Scheduled Castes and Scheduled Tribes.” However, justice Gavai challenged this long-held position, arguing that it is time to re-evaluate the exclusion of the creamy layer from SC/ST reservations in light of contemporary realities.
The judge’s opinion was supported by CJI Dhananjaya Y Chandrachud, and justices Vikram Nath, Pankaj Mithal, Manoj Misra and Satish Chandra Sharma.
Though it was not an order and only a suggestion, the creamy layer discussion triggered an uproar and stoked anger among SC and ST communities.
In a post on X, LJP leader and Union minister Chirag Paswan said respecting the sentiments of millions of SC/ST people and those of his late father Ram Vilas Paswan, the PM accepted that even today discrimination was being carried out, and in such a situation provisions like creamy layer have no place.
“The Prime Minister has assured that the reservation provisions made by Baba Saheb Dr. Bhimrao Ambedkar will remain the same. There will be no tampering with the reservation. After the Supreme Court’s decision, my party also expressed its strong opposition to this decision. In such a situation, we express gratitude for this historic decision of the Prime Minister,” he said in the post in Hindi.
Following the court’s observation, BJP leaders speaking on the condition of anonymity had said that while there was merit subcategorisation to ensure benefits of reservation percolate to the poorest and most marginalised, the issue of creamy layer will have an adverse impact. Several party leaders explained that the concept of creamy layer that is at present limited to the OBCs, will be opposed by the SC and STs that still face discrimination and exclusion.
The leaders also feared that the suggestion to implement creamy layer could have an adverse impact on the BJP’s outreach towards the communities and its electoral fortunes.
The Congress, on its part, had said that the Supreme Court suggestion reinforces the need for a nationwide caste census and the need to remove the cap of 50% ceiling on reservation through a constitutional amendment.
SC verdict on subclassification of caste-based reservation will worsen reality of the Dalit community. Here’s why
It is bizarre that in a country riddled with the most flagrant and inhuman inequalities, only the alleged inequality within the most vulnerable group — the Dalit community — is being targeted for correction, but by splitting the SC/ST reservation quotas, the judgment will only benefit vested interests seeking leverage in the fragmentation of these groups
Article 46 of the Constitution categorically enjoins upon the state the imperative “to promote with special care the educational and economic interests of the weaker sections of the people and in particular of the SCs and STs and protect them from social injustice and all forms of exploitation.”பட்டியலிடப்பட்ட சாதிகள்/பட்டியலிடப்பட்ட பழங்குடியினர் என்ற ஒரே வகுப்பினருக்குள் துணை வகைப்பாட்டை அனுமதிக்கும் உச்ச நீதிமன்றத் தீர்ப்பு மற்றும் தலித்துகள் மத்தியில் உள்ள கிரீமி லேயரை இடஒதுக்கீட்டின் வரம்பிலிருந்து வெளியேற்ற வேண்டும் என்ற உச்ச நீதிமன்றத் தீர்ப்பு மிகவும் தவறானது. உறுதியான செயலை நீர்த்துப்போகச் செய்வதற்கும், இடஒதுக்கீட்டை அகற்றுவதற்கும் இது பயன்படும். விளக்குகிறேன்.
தீர்ப்பு மிகவும் சிக்கலானது மற்றும் கடுமையான சமூக உண்மைகளை புறக்கணிக்கிறது. "ஏழை, கேவலமான, மிருகத்தனமான மற்றும் குட்டையான" வாழ்கையில் வாழும் தலித்துகளில் பெரும்பகுதியினருக்கு, இடஒதுக்கீடு பிரச்சினையில் எந்த அர்த்தமும் இல்லை. அன்றாடப் பிழைப்புப் போராட்டத்தில் சிக்கித் தவிக்கும் இவர்களுக்கு இடஒதுக்கீட்டால் பயன்பெறும் அளவுக்கு கல்வி கற்கும் வசதியும் இல்லை. அவர்களுக்கு அனுமான இட ஒதுக்கீட்டின் ஒரு பகுதியைக் கொடுப்பது அவர்களின் வாழ்க்கையை எந்த வகையிலும் மாற்றாது. மிருகத்தனமான உண்மை என்னவென்றால், தலித்துகளில் எண்ணற்ற சதவீதத்தினர் இடஒதுக்கீடு ஒதுக்கீட்டில் போட்டியிட தகுதியுடையவர்கள்.
கடந்த 10 ஆண்டுகளில், பல்வேறு அரசு அமைச்சகங்களில் உள்ள SC/ST பிரிவினரின் பணியிடங்களை நிரப்புவதில் ரகசியம் காக்கப்படுகிறது. மார்ச் 2021 இல் பாராளுமன்றத்தில் சமர்ப்பிக்கப்பட்ட அறிக்கையின்படி, 10 யூனியன் அமைச்சகங்களில் OBC, SC மற்றும் ST களுக்கு ஒதுக்கப்பட்ட பதவிகளில் 50 சதவீத இடங்கள் காலியாக உள்ளன. இதேபோல், மத்திய பல்கலைக்கழகங்கள், ஐஐடிகள் மற்றும் ஐஐஎம்கள் உள்ளிட்ட மதிப்புமிக்க உயர்கல்வி நிறுவனங்களில் எஸ்சி மற்றும் எஸ்டிகளுக்கான ஆசிரியப் பதவிகள் காலியாக உள்ளன. முக்கியமாக, இந்தப் பணியிடங்களுக்கான காரணங்களில் ஒன்று பொருத்தமான விண்ணப்பதாரர்கள் இல்லாதது ஆகும். இதை ஒரு சாக்குப்போக்காகப் பயன்படுத்தி, UGC சமீபத்தில் இடஒதுக்கீடு பதவிகள் "தகுதியாக" இருக்கக்கூடிய சூழ்நிலைகளை கோடிட்டுக் காட்டும் வழிகாட்டுதல்களை வெளியிட்டது, ஆனால் பொதுமக்களின் எதிர்ப்பு எழுந்தபோது அதை அவசரமாக திரும்பப் பெற்றது. பகிர்ந்தளிக்கும் நீதி என்ற பெயரில், எஸ்சி/எஸ்டி பணியிடங்களை நிரப்புவதில் உள்ள சிக்கலை மேலும் அதிகப்படுத்தும் என்ற தீர்ப்பை வழங்கும் போது, உச்ச நீதிமன்றம் இந்த முக்கியமான உண்மைகளை புறக்கணித்துள்ளது.
The argument that the creamy-layer concept is applicable to OBCs and hence should logically be extended to Dalit communities is akin to equating chalk with cheese. The OBCs, as a group, are in a different stratosphere, way above the SCs/STs on the economic ladder, and more particularly, in social standing. Today, the Dalit, stuck at the bottom of our iniquitous social hierarchy, would gladly exchange places with a member of any other group. Eliminating the creamy layer from the purview of reservation will only make matters worse for Dalits.
It is bizarre that in a country riddled with the most flagrant and inhuman inequalities, only the alleged inequality within the most vulnerable group — the Dalit community — is being targeted for correction. Splitting of the SC/ST reservation quotas will only benefit vested interests seeking leverage in the fragmentation of these groups. It will shatter whatever solidarity exists among the SCs. The Supreme Court has, in effect, decreed that the long-suffering victims of the caste system should themselves be compartmentalised into different subsets, creating another hierarchy and caste system. This will drive a wedge between the different sub-groups.
Caste is still deeply embedded in our culture. The Court verdict ignores the complexities and rationale behind reservation for SCs/STs. The raison d’etre for granting reservation is not merely economic backwardness or inadequate representation in the “services of the State” as seemingly imputed by the Court (poverty exists across castes and communities) but untouchability and its unremitting grip on our society.
So ingrained is caste that the Dalit, irrespective of economic advancement or a government job, is still socially handicapped on account of his origins, the so-called “creamy layer” included. It makes no sense to disrupt the fragile homogeneity among Dalits by discriminating between them based on tenuous criteria to be drawn up by the state to “establish that the inadequacy of representation of a caste/group is because of its backwardness”. The highest court has cautioned that the criteria should not be based on “whims and political expediency”. But these are precisely the factors that will determine them.
The judgment’s language befuddles the issue, stressing the need to determine if a particular class is a “homogeneous integrated class” or not before deciding on the grant of sub-classification. By adjudicating without adequate justification that the “Scheduled Castes are a socially heterogeneous class”, the Court has overlooked the crucial, commonly shared social stigma of “camouflaged untouchability” that still plagues Dalits irrespective of their economic status. This crippling handicap was the primary justification for our founding fathers to mandate reservation for SCs in the first place.
இந்தத் தீர்ப்பு அரசியலமைப்பின் 341 வது பிரிவை மீறுகிறது, இது பட்டியலிடப்பட்ட சாதிகளாகக் கருதப்படும் சாதி வகைகளைக் குறிப்பிடும் அறிவிப்பை வெளியிட ஜனாதிபதிக்கு அதிகாரம் அளிக்கிறது. சட்டப்பிரிவு 341(2) பார்லிமென்ட் அத்தகைய அறிவிப்பை சட்டத்தின் மூலம் திருத்துவதற்கு அனுமதிக்கிறது, எந்தவொரு சாதியினருக்கும் அல்லது குழுவிற்குள் எந்தவொரு சாதியையும் அல்லது குழுவையும் சேர்க்க அல்லது விலக்குவதற்கு, தெளிவான எச்சரிக்கையுடன், "மேற்கூறியதைத் தவிர, அந்த உட்பிரிவின் கீழ் வெளியிடப்பட்ட அறிவிப்புகள் பின்னர் எந்த வகையிலும் மாறுபடாது. அறிவிப்பு." அறிவிப்பை மாற்றியமைக்க மாநிலங்களை அனுமதிப்பதன் மூலமும், பிரிவு 341ன் கீழ் அறிவிக்கப்பட்ட அதே வகுப்பினருக்குள் துணை வகைப்பாடு மற்றும் "மாறுபட்ட" சிகிச்சையை அனுமதிப்பதன் மூலமும், தீர்ப்பு சந்தேகத்திற்கு இடமின்றி அரசியலமைப்பிற்கு முரணானது.
அரசியலமைப்பின் 46வது பிரிவு, "நலிந்த பிரிவினரின் கல்வி மற்றும் பொருளாதார நலன்களை குறிப்பாக எஸ்சி மற்றும் எஸ்டிகளின் கல்வி மற்றும் பொருளாதார நலன்களை சிறப்பு கவனத்துடன் ஊக்குவிப்பது மற்றும் சமூக அநீதி மற்றும் அனைத்து வகையான சுரண்டல்களிலிருந்தும் அவர்களைப் பாதுகாப்பது" என்று அரசை திட்டவட்டமாக அறிவுறுத்துகிறது. ” இது அரசியலமைப்பில் குறிப்பிடப்பட்டுள்ள முழுமையான நிபந்தனையாகும்.
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எழுத்தாளர், முன்னாள் அரசு ஊழியர், LJP (RV) பொதுச் செயலாளர் ஆவார்.
Government Should Have Brought Bill To Nullify Supreme Court's 'Creamy Layer' Observation: Mallikarjun Kharge
On Friday, the Union Cabinet also held a detailed discussion on the Supreme Court judgment on the sub-categorisation of reservation for Scheduled Castes and Scheduled Tribes as granted in the Constitution.
Mr Kharge said the Congress will do everything possible for the protection of SCs and STs.
Asserting that the idea of denying reservation to SCs and STs on account of the 'creamy layer' concept is "condemnable", the Congress on Saturday said the government should have brought legislation in Parliament to nullify that part of the Supreme Court judgment that talks about the issue.
Congress chief Mallikarjun Kharge said while the party was holding deliberations with intellectuals, experts and NGOs on the Supreme Court's decision allowing states to create sub-categorisation within the SCs and STs and will take a call after detailed discussions, it is opposed to that part which advocates the creamy layer concept.
Earlier this month, a seven-judge bench of the Supreme Court led by Chief Justice DY Chandrachud ruled in a 6:1 majority judgment that state governments were permitted to sub-classify communities within the SC list based on empirical data.
Supreme Court judge BR Gavai had said states must evolve a policy for identifying the creamy layer even among the Scheduled Castes (SC) and Schedule Tribes (ST) and deny them the benefit of reservation.
Justice Gavai penned a separate but concurring judgment in which the top court by a majority verdict said the states are empowered to make sub-classifications of Scheduled Castes and Scheduled Tribes for granting quotas within the reserved category to uplift those who belong to the more underprivileged castes.
"Who do you want to benefit by bringing a creamy layer? By bringing a creamy layer (concept) on one hand you are denying untouchables and giving to those who have enjoyed privileges for thousands of years. I condemn this," Mr Kharge told reporters here.
This issue of creamy layer that has been raised by the seven judges shows that they have not thought about SCs and STs in a serious manner, he said.
"Till the time untouchability exists, reservation should be there and will be there. We will fight for it," Mr Kharge said.
He accused the BJP of seeking to end reservation.
On one hand the government has privatised the public sector jobs and on the other hand, there are a lot of vacancies, but they are not recruiting, Mr Kharge said.
"I found the court's decision surprising. There are people who are facing untouchability in real life and those people belonging to SCs and STs even on high posts are facing discrimination. If they have money, even then they face discrimination," the Congress chief said.
"I would like to appeal that all people should unite and ensure that this judgment (the part pertaining to the creamy layer) does not get recognition and this matter should not be raised again," he added.
The Congress is discussing other things related to sub-categorisation and will decide on further steps after discussion with intellectuals and leaders of various states, he said.
"We will do everything possible for the protection of SCs and STs," Mr Kharge said.
The party is undertaking consultations with different people - intellectuals, experts, NGOs - to decide on the nuances of other aspects of the judgment, he said.
"I read that the PM said we will not touch this. To ensure that creamy layer (concept) will not be implemented, they should have brought (legislation) in Parliament and nullified the Supreme Court judgment," he said.
"If the government wanted, it could have resolved this issue by bringing a constitutional amendment in this session itself. If the Modi government can bring a new bill within 2-3 hours, then this was also possible," Mr Kharge said.
The seven-judge bench of the Supreme Court gave its decision in which it talked about sub-categorization for SC-ST category people, he noted.
In this decision, the creamy layer concept was also talked about in SC-ST category reservation, he said.
"The Scheduled Caste people in India first got reservation through Baba Saheb Dr. Ambedkar's Poona Pact. Later, due to the contribution of Pandit Nehru and Mahatma Gandhi, it was recognized in the Constitution and implemented in jobs and educational institutions as well," Mr Kharge said.
"But even after 70 years, when we see the recruitment of SC and ST communities in government jobs, we find that the vacancies are still not being filled, most of the posts are vacant. Which means that the people of these classes, even collectively, are not able to fill these posts. They still cannot compete with the people of the general category," he said.
And the most important thing is that the basis of reservation was not the economic development of any community or individual but it is to eradicate untouchability that has been prevalent in society for thousands of years, the Congress chief said.
"And it has still not been eradicated from society. We come across many examples every day," he said.
Therefore, it is wrong to talk about creamy layer in the SC-ST community and the Congress party is against it, Mr Kharge said.
Mr Kharge's remarks come a day after the Union Cabinet asserted that there was no provision for a creamy layer in the reservation for SCs and STs in the Constitution given by B R Ambedkar.
The Union Cabinet, at a meeting chaired by Prime Minister Narendra Modi on Friday, held a detailed discussion on the Supreme Court judgment on the sub-categorisation of reservation for SCs and STs as granted in the Constitution.
"It is the well thought view of the Union Cabinet that the NDA government is firmly committed to the provisions in the Constitution given by Dr Babasaheb Ambedkar," Information and Broadcasting Minister Ashwini Vaishnaw told reporters here.
(Except for the headline, this story has not been edited by NDTV staff and is published from a syndicated feed.).
Sunit Dhawan
Tribune News Service
Rohtak, August 9
The Akhil Bharatiya Vanchit Anusuchit Jati Mahapanchayat has urged the Haryana Government to implement the Supreme Court’s recent order on sub-classification of the Scheduled Castes in the state.
One block getting more benefits
There are two blocks among the Scheduled Castes in Haryana — A and B. The castes under the B block have been getting a lion’s share of reservation benefits in the provision of government jobs, while the castes under the A block generally remain deprived of these. — Dr Swadesh Kabir, Head, Akhil Bharatiya Vanchit Anusuchit Jati Mahapanchayat
A seven-judge Constitution Bench headed by Chief Justice DY Chandrachud ruled that the further sub-classification of SCs and STs by states can be permitted to ensure the grant of quota to more Backward Castes inside these groups.
“There are two blocks among the Scheduled Castes in Haryana — A and B block. The castes under the B block have been getting a lion’s share of reservation benefits in the provision of government jobs, while the castes under the A block generally remain deprived of these,” said Dr Swadesh Kabir, head of the mahapanchayat.
The recent verdict of the Supreme Court said the states are empowered to make sub-classifications of the Scheduled Castes (SCs) and Scheduled Tribes (STs) for granting quotas inside the reserved category to uplift the more underprivileged castes.
A seven-judge Constitution Bench headed by Chief Justice DY Chandrachud ruled that the further sub-classification of SCs and STs by states can be permitted to ensure the grant of quota to more Backward Castes inside these groups.
Welcoming the verdict, the mahapanchayat has urged the Haryana Chief Minister Nayab Singh Saini to implement it in the state.
“As many as 42 castes which come under SC A-block had been demanding the restoration of A and B block classification in the state for the past 18 years. Due to the lack of the said classification, up to 92 per cent benefit of reservation was being taken by one prominent caste under the B-block,” said Kabir.
He pointed out that the A and B block classification was maintained in Haryana for reservation in government jobs in November, 1994. However, it was scrapped in July, 2006.
In June 2020, the SC A and B block classification was implemented in the admission to educational courses in Haryana.
The mahapanchayat has maintained that the members of the SC A block would support the ruling BJP in the upcoming elections to the state Assembly if the said classification is restored in Haryana.
‘Caste census must in TN, SC may strike down 69 per cent quota’
Caste-wise census has become the most debated topic in Tamil Nadu today. DMK president and Chief Minister of Tamil Nadu, M K Stalin, has made it clear that he has no intention of following the examples of Bihar CM Nitish Kumar or Karnataka CM Siddaramaiah in conducting caste survey in the state. Instead, he has passed the responsibility to the Union Government.
The arguments put forward by the CM that only the Union Government can conduct caste census are unacceptable. The decadal census conducted by the centre is a head count of various communities and it is not a socio, economic, and educational survey. The data collected through the census is not sufficient to determine the quantum and type of affirmative actions, including reservation, to be designed. Such detailed data can be collected by the state governments under the Collection of Statistics Act, 2008.
Tamil Nadu has a long history of reservation. The Justice Party implemented 100% reservation for various communities when it was in power in 1927. This was abolished by the court after Independence through the judgment in the Shenbagam Durairajan case. Due to the massive protest in Tamil Nadu, the first amendment to the Constitution was made in 1951 and a new Article 15(4) was added, and the right of reservation was given to the states. The quantum of reservation was set as 40%. It was later increased to 41% in 1954.
In 1971, the reservation for Backward Classes (BC) was increased to 31% and reservation for Scheduled Castes to 18%, and the total reservation went up to 49%. In the 1980s, during Dr MGR’s regime, reservation for BCs was increased to 50% and the total reservation was increased to 68%. Following the Vanniyar reservation struggle, in 1989, the then DMK government divided the 50% reservation for backward classes, giving 30% reservation to backward classes and 20% to most backward classes. Also 1% reservation was given to tribals for the first time. With that, the total reservation in TN reached 69%.
In 1992, in the Indra Sawhney case, the Supreme Court ruled that reservation should not exceed 50%. This put the 69% reservation in Tamil Nadu at risk. To overcome that, the Jayalalithaa government passed the Tamil Nadu Backward Classes, Schedule Castes and Scheduled Tribes (Reservation of Seats in Educational Institutions and of appointment or posts in the Services under the State) Act (Act 45 of 1994) in 1994. The Special Act was added to the Ninth Schedule by a constitutional amendment and thus got constitutional protection from judicial review.
Though an organisation called ‘Voice’ had filed a case in 1993 in the Supreme Court challenging the 69% reservation, it was not taken up for trial as the Special Act was under the Ninth Schedule. In 2007, however, the Supreme Court ruled that the laws in the Ninth Schedule are also subject to judicial review in the I R Coelho case.
Subsequently, the Supreme Court, in its judgment on July 13, 2010, held 69% reservation as valid. At the same time, the court ordered that a caste survey be conducted within a year and the quantum of reservation be decided based on that survey. Subsequently, Dr S Ramadoss met the then CM, Kalaignar Karunanidhi, on October 13, 2010, along with the leaders of 27 community organisations and insisted that a caste-wise survey be conducted to protect the 69% reservation and comply with the Supreme Court judgment.
But the Kalaignar government did not take any steps to conduct the caste census. The Jayalalithaa government that came to power after that said that there was not enough time to conduct a full caste census. Instead, the government quoted the Ambashankar Commission report that said that the percentage of backward class population was 67% and passed a resolution in the State Cabinet on the 11th of July 2011, a day before the deadline set by the Supreme Court, and saved the 69% reservation.
Some students filed another suit in the Supreme Court in 2016 seeking to declare the 69% reservation ultra vires as it was extended without caste enumeration. In 2021, a student named Dinesh filed another case. In its reply to Dinesh, the SC said that the 69% reservation case would be taken up for trial after the final verdict in the Maratha reservation case. As the Curative Petition filed by the Maratha government against the Supreme Court’s verdict invalidating the Maratha reservation is about to be heard soon, the 69% reservation case may be taken up for hearing by the SC any time.
If the Tamil Nadu government does not submit the caste-wise population data, then there is a danger that the SC will strike down the 69% reservation. That is why PMK has been insisting that a caste-wise census should be conducted immediately in TN.
Apart from that, in the petition filed by the then AIADMK government in this case in February 2021, it was stated that a commission headed by Justice Kulasekaran has been set up to collect caste-wise population data to support the 69% reservation. But the DMK government dissolved that commission. The chance of the Supreme Court striking down the 69% reservation is now high, citing the non-conduct of caste-wise census.
TN reservations are based on the 1931 census and the 1985 Ambashankar commission report. These are all outdated and fresh data are needed to formulate affirmative action schemes. Therefore, it is imperative that a caste census be conducted.
Nothing should stop the Tamil Nadu government from conducting a caste survey. Bihar, Karnataka, Odisha, Jharkhand, and Andhra Pradesh have already completed caste census. The Bihar government conducted a caste survey collecting 19 types of information, including education, employment, social status, and housing facilities of the population. Based on that, not only did they increase the quantum of reservation, but also announced schemes to uplift the people in the lower strata through housing facilities, loan assistance, etc. The Patna High Court struck down only the increase in quota and did not ban other schemes. Even for cancelling the increase in reservation, the court cited that the study did not prove under-representation of various communities in education and employment. The Patna HC neither held that caste-wise census is invalid nor questioned the authority of the state government to collect caste data. The Supreme Court also did not say that state governments do not have the power to collect caste data.
A caste wise census is the basic requirement for designing any affirmative action including reservation. PMK and the people of Tamil Nadu will ensure that at any cost a caste census is conducted in Tamil Nadu and 69% reservation is protected.
Footnote is a weekly column that discusses issues relating to Tamil Nadu
(Anbumani Ramadoss is Rajya Sabha MP, former union health minister, and president of PMK)
Union Minister Manjhi urges Centre to take steps to help lagging Dalit castes
Patna, A day after the Union Cabinet asserted that there was no provision for a creamy layer in the reservation for SCs and STs in the Constitution, Union Minister Jitan Ram Manjhi requested the Centre to address the needs of Dalit castes that are lagging behind.
"I was present at the Union Cabinet meeting on Friday where it was confirmed that there would be no provision for a creamy layer within the SC and ST reservation quotas. During the meeting, I requested the government to introduce provisions aimed at improving the socio-economic conditions of those castes among Dalits who are currently lagging behind," he added.
Manjhi, the founder of Hindustani Awam Morcha and an ally of the NDA, pointed out that benefits from the SC/ST reservation system are predominantly enjoyed by only a few Dalit castes.
Get breaking news alerts, subsSC, ST sub-quotas will not break Dalit unity
Those opposing the Supreme Court’s verdict on sub-classification in reservation must remember that only when the most backward among Dalits progress, will the power of the entire community increase
The Supreme Court’s verdict has exposed those who claimed to bring together not only Dalits but 6,000 castes and were their self-proclaimed leaders. (Representative/ Express file photo by Bhupendra Rana)Written by Darshan Ratna Ravan
The Supreme Court’s historic decision on sub-classification in reservation for Scheduled Castes and Scheduled Tribes has generated a heated debate within the Dalit community. Dominant sections within the Scheduled Castes have criticised the verdict. The reason is that the Supreme Court has opened the door for sub-classification in reservation. Those whose slogan was, “Jiski jitni sankhya bhaari utni uski hissedaari” are today protesting this sub-classification which seeks to address the demands of those who have been left behind so far.
Many who took advantage of reservation and have raised the concerns of the “85 per cent” do not want to include the ones left behind in their ranks. It is clear from their reaction to the Supreme Court’s decision that the slogan of “85 per cent” was just a slogan. This is somewhat like the Aam Aadmi Party, which does not have a single Dalit among the members it has sent to the Rajya Sabha, despite putting up Babasaheb Ambedkar’s photo in its offices.
Reservation is a guaranteed share, meaning that it will have to be given to a section by first identifying it. Classification is necessary to ensure participation. Classification is necessary to ensure participation. Justice B R Gavai aptly illustrated the need for sub-classification, saying that when someone enters a train compartment by pushing and shoving, he first attempts to ensure that no one else is able to enter.
Another example is that of Ambedkar himself who was like a mother serving food to all her children in the same utensil, thinking that they will share it. However, what usually happens is that the child who is strong and clever takes the larger portion quickly. He may even grab all of it by diverting the attention of other children.
Mahadalit Valmiki, Mazhabi Samaj, Musahars, Madigas, Chakkiliyans or Arunthathiyars are communities which could not avail the benefits of SC reservation. There are historical reasons why one community is in a position to avail this reservation and others are not.
Did the relatively stronger sections of Scheduled Castes try to take these backward sections along? In my view, this is asking too much of them.
It is rare that when some people in a society make progress, there is a collective effort to bring forward all those who lag behind. This usually has to be done by every community on its own and it can be done only using the language of rights.
The Court’s verdict has exposed those who claimed to bring together not only Dalits but 6,000 castes and were their self-proclaimed leaders. Mayawati never said that she was the leader of only Jatavs. Yet, that she is not more than that has been exposed time and again.
Absurd arguments are being made. Mayawati has described the situation as an emergency. Is it an emergency only when the question of sharing the benefits of reservation come up? Some well-meaning people have argued that the sub-classification will weaken Dalit unity. Does this mean that Dalit communities like Valmiki, Musahar, Madiga, etc. should never ask for their rights, fearing a fracture in the unity of the Dalits?
The same argument was being given when Ambedkar was demanding reservation. It was argued that reservation will create divisions and that the country will be weakened. But nearly 70 years of reservation have not led to division of the country.
On the other hand, there are many examples of those who grab all the benefits of reservation, keeping the most marginalised among the Dalits permanently in the background. Let us take the example of Mayawati. When tickets are distributed for the Uttar Pradesh Assembly elections, how many are given to members of the Valmiki community? When she was the chief minister of Uttar Pradesh, Mayawati named many places after great Dalit personalities but the name Valmiki was not to be found anywhere. She did not visit Gohana or Mirchpur in Haryana after Dalit communities there were attacked, while she did respond to similar incidents that took place elsewhere. If it is a question of “Dalit unity”, were the Dalits of Gohana and Mirchpur not deserving of her sympathy?
Are all the Bahujan communities included in the posters, banners etc. published by BSP, BAMCEF and similar organisations? Should these communities not demand their representation there? Does it need a formal demand and resolution?
We also believe that the creamy layer exclusion should not be applied in the case of the Scheduled Castes and Scheduled Tribes. But classification is necessary, just as Ambedkar had demanded a separate share system for Dalits while living with the whole country.
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Mahadalits are not creating a rift among Dalit. That has never been the intention. The appeal is to all “Dalit upper castes” to think calmly and understand that the day the Mahadalits make economic, social, educational and political progress, the power of the entire Dalit society will increase.
The writer is chief, Adi Dharma Samaj.
Dalit man dies in jail, kin suspect torture; Magisterial probe ordered
VILLUPURAM: A 31-year-old Dalit man died a few hours after being remanded in judicial custody at Villupuram sub-jail on Friday, leaving family members in shock and triggering suspicion of death due to alleged custodial torture. A judicial magistrate inquiry under Section 196 of BNSS (inquiry by magistrate into cause of death) has been ordered.
According to his family members, a few auto drivers saw N Arputharaj alias Appu being brought by Villupuram West Police to the police station early on Thursday. The police, however, claimed that he was arrested around 1 pm and produced before judicial magistrate II V Rathika on Thursday night and was sent to the sub-jail at Vedampattu. Hours after he was taken to the prison, Arputharaj was brought dead to the Villupuram Government Hospital around 7am on Friday.
“He was taken into custody by the police on Thursday morning but we were not informed about it. Police recorded that he was arrested in the noon, but that too was not informed to us. Our relatives who are auto drivers told us that police took him into custody though several of them told the cops that he was sick” said T Sumathi (36), his sister.
The family members allege that Appu was tortured, either in custody or in prison, which led to his death.
“There were bruises all over his body, particularly on his shoulders. His face was swollen and his hands and elbows looked unusual. We suspect that he was brutally beaten by the police after he was arrested on Thursday morning. Even the JM did not check him before passing the remand orders. It is clearly a custodial death and the state government must take action to ensure justice for Appu,” said N Gandhi (34), his another sister.
Villupuram Superintendent of Police Deepak Siwach told TNIE, “Arputharaj was arrested based on a court warrant for a case of trespassing and criminal intimidation booked in 2016. He was arrested and remanded as per judicial proceedings. Fourteen hours after imprisonment, he fell sick. He was taken to the GH but was declared brought dead. A judicial magistrate inquiry under Section 196 of BNSS has been initiated. The JM will investigate the matter.”
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