New Delhi August 4 2024 : Union Minister and Lok Janshakti Party (Ram Vilas) chief Chirag Paswan announced on Sunday that his party will file a review petition against the Supreme Court’s recent observation concerning the “creamy layer” within Scheduled Castes (SC) and Scheduled Tribes (ST). Paswan criticized the court’s ruling, arguing that the concept of a creamy layer, which applies to Other Backward Classes (OBCs), should not extend to SCs and STs.
Paswan asserted that the essence of reservations is rooted in addressing the historical “Untouchability” faced by Dalit communities. He argued that introducing a creamy layer undermines this foundational purpose. “The basis of Scheduled Caste reservations is not economic or educational status but the persistent discrimination and untouchability faced by Dalits,” Paswan said. “Therefore, creating a creamy layer within SC/ST reservations is counterproductive and unjust.”
He elaborated that despite progress, untouchability and discrimination persist, highlighting cases where high-profile Dalits still face societal prejudices. “Even today, prominent individuals from Dalit communities encounter discrimination. We believe that the concept of a creamy layer is irrelevant in this context,” Paswan added.
What is the ‘Creamy Layer’?
The ‘creamy layer’ concept refers to excluding families with an annual income above ₹8 lakh from reservation benefits, a threshold that is periodically updated by the government. This concept is currently applicable only to reservations for OBCs and is aimed at ensuring that benefits are directed toward those who are economically disadvantaged within these categories.
Supreme Court’s Ruling
In a significant ruling on Thursday, the Supreme Court permitted states to sub-classify SCs and STs. The court’s majority judgment, delivered by a seven-judge bench led by Chief Justice of India DY Chandrachud, stated that such sub-classification should be based on effective representation rather than just numerical representation.
Justice BR Gavai emphasized that states should develop policies to identify and exclude the “creamy layer” within SCs and STs from reservation benefits. This decision overturns a previous ruling in the EV Chinnaiah case that had prohibited such sub-classification.
However, Justice Bela M Trivedi dissented, arguing against the majority view and contending that sub-classification within SCs and STs should not be permitted.
Paswan’s planned review petition reflects ongoing debates about the application and impact of reservation policies in India.
No Comments: