New Delhi: It’s been over a month since the Supreme Court’s order on sub-classification among SC/ST reservations and the Narendra Modi government’s hurried dismissal of any talk of creamy layer. But the issue refuses to die down.
That the matter came up was enough to cause a stir and anxiety among SC/ST groups.
Dalit organisations are holding a series of meetings across India rejecting the very idea of creamy layer in SC/ST reservation. In fact, many are now pointing out the flaws in the implementation of the existing reservation system. Recently, the All India Independent Scheduled Castes Association (AIISCA) organised a discussion at Delhi’s Constitution Club and pressed for reservation in the private sector in a two-hour-long discussion.
“Reading the Supreme Court’s decision of 1 August 2024, it seems that the judges have reflected the sentiments of the Bharatiya Janata Party (BJP) and the RSS,” said Rajendra Pal Gautam, Ambedkarite Buddhist Leader and ex-minister in Kejriwal’s government.
Gautam was joined by other Dalit voices like writer and activist Anita Bharti, BSP leader Ritu Singh, AIISCA president Rahul Sonpimple and JNU professor Harish Wankhede. Dalit activists Deepali Salve and Ashutosh Boddh, YouTubers Sumit Chauhan, and channels such as Bahujan Dastak TV and university students were in the audience.
Gautam said that the government does not have data as to which caste of SC/ST got how much benefit, and questioned the basis of the decision about sub-classification of SC/ST reservation. “This is a decision to make the society fight among themselves,” he said, adding that the community was not given a chance to be heard.
On 1 August, a seven-judge bench of the top court in a 6:1 ruling, for the first time since reservations were introduced in the Constitution in 1950, reframed how the SC/ST quota may operate. The lone dissenter was Justice Bela Trivedi, the bench was headed by CJI DY Chandrachud.
However, the Narendra Modi government assured that no creamy layer distinctions would be applied.
Modi government allies are divided over the SC ruling. On one hand, Chirag Paswan from LJP (Ram Vilas) and RLD’s Jayant Chaudhary opposed the sub-classification among SC/ST while TDP chief and Andhra Pradesh CM Chandrababu Naidu, an early champion of sub-classification, welcomed the apex court judgment.
“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,” said Ashwini Vaishnaw, IB Minister while adding that according to the Constitution, there is no provision for a creamy layer in the SC-ST reservation.
Some organisations have supported the call for sub-classification too. On 28 August, in Rajasthan’s Rajsamand district, Bheel Samaj Vikas Samiti organised a rally and submitted a memorandum to the District Collector in support of the apex court decision and demanded urgent implementation.
Also read: No SC/ST groups will be excluded — how Supreme Court order treads sub-classification minefield
‘We need participation’
Bharti said things have not changed even after seven decades of reservation. When the first generation of Dalits started speaking, people started having problems. The voices of those who benefited from reservation, though just a few, were hurting the historically dominant caste groups.
“Beyond reservation, we now need participation. There is a limit on reservation but participation is unlimited,” she said, adding that there is a need to go within the society and hold small meetings against this decision.
Gautam pointed out that reservation hasn’t been successful in changing the composition of leadership. He gave the example of India’s top 10 PSU banks. There are 147 vacancies for Chief General Manager (CGM), out of which 135 are occupied by upper castes.
“SC/ST is not getting the share that it should get, so how can it be said that certain castes among SC have got special benefit,” said Gautam. He added that he has no objection to sub-classification, but it has to be clearly told how this will happen.
According to 2022 NCRB data, 57,582 cases of crimes against Scheduled Castes were registered. The data reflects an increase of 13 per cent over 2021.
Wankhede said higher participation of lower castes will lead to democratisation of power.
He supports reservation in the private sector. “Private economy should be democratised, should have representation, it should showcase the diversity of this particular country,” he said.
BSP leader Ritu Singh has no hope from Opposition leaders and Parliament. She referenced a quote from Socialist leader Ram Manohar Lohia—Agar sadken khamosh ho jaye to sansad awara ho jayegi (If the streets become silent, the Parliament will become astray)—to make her point.
“Parliament has gone astray but now we should take a pledge here that the streets should no longer remain deserted,” said Singh.
(Edited by Theres Sudeep)