Is applying the creamy layer to SC & ST is justified?
The response to this question needs comprehensive analysis of all the dimensions vis -a -vis the social, economic and poltical stature of SC's, ST 's .Before a few of the learned , educated and convent going students jump to conclusions and agitate and undertake fast unto deaths and come to the one sided conclusions based on sms polls and expert analysis on t.v shows ,that they are being sidelined and that their jobs are being snatched away by the depressed classes , it would be good if only they ponder for a while the social trajedies that these group of people have been subjected to for centuries since the ancient civilisations .
Arguments that these forward caste groups are being made to bear the brunt for their ancestors mistake doesnt hold water for the simple reason that depresses classes can also plead in the same way .! "Why should we suffer even now , even after independence , in a moden , vibrant changing India , the same social inadequacies , the poltical repression and severe economic ineqalities ?"
So with all due considerations , reservations for SC & ST was made Constitutional Rights by the framers of our Constitution.
After nearly 60 yrs of Independence the Supreme Court of India in Nagraj vs Union of India , ruled that thepeople belonging for SC &ST should be classified into groups and that the more advanced among these castes ie " the creamy layer " should be excluded of all the advantages of the affirmative action provided by the State to the most depresses and oppresed classes of people not only India but in the whole world !
Legally, this judgement is in self-contradiction to its own judgement by a fuller 13 bench SCI( Supreme Court of India ) bench which ruled that categorisation shall not be applicable for SC & ST (Indira sawhney vs Union of India1992) when questions regarding categorisation of BC' s into creamy and non creamy layer came for hearing .It had clearly mentioned that this kind of differential piece rate plan would not be done to the SC& ST . As the recent judgement comes from a smaller 7 bench , the ruling wont stand the judical scrutiny and review . Even the SCI, struck down an A.P High Court ruling which upheld the categorisation of SC and ST into A, B,C,D categories according to the social and ecnomic development of these castes in the due course of time ! So the judiciary has set clear and unambigious precedents and guidelines for the protection of the constituational rights of the SC &ST which cannot be changed according to the whims and fancies of skewed opinion---- legal, social, poltical !
Socially dimensions also need to be taken care of . Its true our limited natural resources are for everybody equally. But here " EQUALITY" means equal oppourtunities for two really equal groups but what we have now is one ecnomically & socially advanced individual competeing with resources lacking , ecnomically constrained and in most of the cases faced with severe poverty and severly socially repressed individual fighting to survive in this big world . Suggestions that one should improve the the basic standards of the SC and ST and provide them the education and make them compete on merit is welcome one but sheer common sense makes it clear that this is not a substitute for the State Affirmative Action. Even Advanced and the most developed countries like U.S.A. have constituational affirmative action for fringe groups and racial minorties of their nation. Categoristion of SC ST into creamy and non creamy layers is only stealithly robbing the hard fought rights of these groups.
Many viwes have been aired that once an indvidual has enjoyed the benefits of reservation he should give way for the next socially downtrodden bertheren in his group.True it sounds logical and scientific . But if a holistic view is taken one doesnt miss the point that the "next one " is hard to find ! That is the scenario even after 60 years of guranteed " social, democratic,liberal " rule in our great Republic . So who would garner these benefits in the given vaccum . Again its the forward castes ...who have the "merit" to fill these posts ! Inequality further increases , perpetuates mass repression , inhibts growth of the downtrodden , destimulate educational nourishement , leading to iniquitious social order and perpetuating the Vicious cycle .
One more rather redunant argument being forwarded is that India is changing ,enetering into the comity of developed nations , its GDP rate is growing at 8-9 % and we are aiming for 10 percent rate at the end of the 11 th plan ... so as an advanced nation we should abolish " the backward concept" of reservations , and that the depressed classesor the most advanced among them have made enough progress to fight without any aid ....the most reasonable answwer to this is that if we have double digit GDP , why we are having still the highly skewed socio-political -economic structure. We still have SC and ST s burnt in broad day light as recently as later months of 2006 in Kilijour dist in Maharashtra .If this is the case in one of the most developed state in India in terms of Human Developement Index, then one can just fathom what it would be like in states like M.P( which has the largest population of ST s), Bihar , Jharkand , Assam and other North eastern states.!
So taking in view all the dimensions one can fairly conclude that India needs Affirmative action and that too in its pristine form as envisaged orginally in our Constitution. No power , authority, opinion,movement should distort or destroy what is legally and constitutioally due to the vast multitudes of disadvantaged sections of our "sala" society in the name of "advanced development".
Just because its simply the question of " Survival "against great odds in this great Country. "Advance development" comes next !
* JAI HINDH *
- Shiv Kumar
