SC/STs are concerned-that creamy layer is not applicable because discrimination may still

happen despite economic mobility

judgement itself was not on the question of the creamy layer, but whether states can sub-
classify SC and STs.

negligible presence or no presence” of SC and STs in the Board of Directors of almost all the
Ministries/Department PSUs/Banks.

If the vacancies are not filled, they need to be filled first either by developed or under-
developed SC/STs. Once the quota is filled, that is when we should go to sub classification.
When sub-categorisation and non-filled vacancies work together then it will be an optimal
solution. But only sub-categorisation and not increasing the number of jobs, will not work,

there is no jati-specific data on income, assets, land ownershiSub classification may be

necessary, if tomorrow, the census data comes out and shows that certain castes have
benefitted more and they also experience less caste based discrimination and exclusion. The
Supreme Court has also said in the case of Marathas and Jats that we don’t have enough
empirical data. And now it is doing exactly the contrary which is without using any empirical
data on sub jatis or sub tribes they have given the judgement which I think is
unconstitutional.”p

. But this is an undoing of Ambedkarite values. Ambedkar fought for all scheduled castes and
not for individual castes. Now with sub-categorisation, each sub-caste will start recognising
itself as an atomised whole instead of a part of whole. The Brahminical agenda is to isolate
scheduled castes from becoming a union of castes
First of all the main reason behind introducing reservation for sc community was their social upliftment
because they were denied of their rights for 2000 years. Therefore reservation for sc community was
not an anti poverty programme . Since the main reason behind reservation was social and not economic,
so the criminalization of well of sc’s and st’s over seizing the opportunities of weaker section should not
be done. Because even economically uplifted sc’s and st’s may face casteism in their workplace,
educational institutions and other public places directly or indirectly. The so called well educated upper
strata of society claims that there is nothing like discrimination or untouchability into practice today
however we often see glimpses of discrimination and untouchability in both urban and rural areas.
There may not be untouchability in urban areas but castiesm do exists even today and if castiesm exists
then reservation is justified.

Some people from Scheduled Castes (SCs) and Scheduled Tribes (STs) are worried about introducing a
"creamy layer" concept. They think discrimination might still happen even if someone becomes
financially better off which is true to some extent. Moreover the court’s decision wasn’t about creamy
layer but whether the states can sub classify the sc and st into smaller groups.

The main problem is that this decision may criminalise the sc’s and st’s who managed to take benefit of
reservation in government jobs and higher education after facing many challenges both socially and
economically. it creates massive hatred towards them for utilizing the reservation provisons.however it
is very important to understand that the sc’s and st’s who were benefitted were also victims of caste
discrimination in one way or another .Despite the mobilization thousands of job vacancies for sc’s and
st’s still remain vacant in government offices. It is often noticed that select committee reject most
qualified sc person by stating that candidate is not found suitable for education institution. Even after
being benefitted from reservation the sc’s and st’s have not for once managed to obtain jobs as faculty
members of iit, iim ,aiims etc.

The decision by sc is contradictory to the Supreme Court’s judgment about EWS reservation for general
category. In this case Supreme Court overlooked the fact that even some of the sub castes in general
categories are dominant and more benefitted from others. The Brahmins among general category are
overly represented class in higher education and public employment. However sc considered ‘poor’ as
homogeneous class among generals. It never thought about the other sections within the category that
are actually economically weak.

The other problem is that the sc who are deemed to be more benefitted by reservation are accused of
blocking the opportunities of those who are actually left behind. However there are no evidences that
the sc’s and st’s who used reservation created any kind of hindrance for other sub castes to utilize the
reservation at any level. On top of that many reserved seats go vacant most of the times so it’s not like
the dominant sub castes among sc’s and st’s are snatching the seats of marginalized sections. Therefore
main problem is not with the reservation or a particular class being heterogeneous or homogeneous but
it is the lack of job opportunities , poverty and lack of incentives by government which is depriving the
marginalized sections of all the castes from their rights.
Therefore I think the court’s decision for sub classification of sc and st communities on the basis of
different levels of backwardness is not justified to some extent however if there is so much need it then
it is very important for the governments to have a quantifiable data of the sub castes and the relative
backwardness among them.the government should also look into the extent to which the reservation
for dominant sub castes within these communities should be reduced.
The central problem, in my view, is that such characterization criminalizes those
SCs who, despite various odds, managed to obtain visible benefits of reservation in
government employment and higher education. It creates massive hatred towards
them for utilising the reservation provisions. It is important to remember that those
SCs who have benefitted slightly more are also victims of caste discrimination,
including the practices of untouchability. Despite the economic mobility of a tiny
section of SCs, they continue to experience caste-based discrimination.

Despite their mobilization, thousands of job vacancies for SCs and STs still remain
vacant in government offices. It is often noticed that the selection committees
overtly reject the most qualified SC person by stating that the candidate is ‘Not
Found Suitable

ven after 75 years of Independence, the castes who have benefitted from
reservation have not managed to obtain jobs as faculty members at the Indian
Institute of Technology (IIT) and the Indian Institute of Management (IIM). The Times
of India reported in March 2019 that of the total faculty members in the IITs, the
proportion of SCs is 2.23% and STs merely 0.31%. Similarly, of the total faculty
members in IIMs, the proportion of SCs is 0.8% and STs is 0.2%. In both the cases,
as per the reservation policies, the expected proportion of SCs should have been
15% and STs should have been 7.5%. The situation is no different in several
universities and research institutions.

This is contradictory to the Supreme Court’s judgement in the case of

Economically Weaker Section (EWS) reservation for the General Category. It
never took into account that some caste and religious groups benefitted
most from the General Category than others. In the General Category, it is
visibly evident that the Brahmin caste has a significant over-representation
in higher education and public employment. However, the Supreme Court
treated ‘poor’ as a homogenous category for the General Category people. It
never ventured into the variations among caste and religious groups that
benefitted least from the General Category.
the Supreme Court expressed its concerns about the SCs who are left behind while
introducing sub-classification. This is contradictory to the Supreme Court’s
judgement in the case of Economically Weaker Section (EWS) reservation for the
General Category. It never took into account that some caste and religious groups
benefitted most from the General Category than others. In the General Category, it
is visibly evident that the Brahmin caste has a significant over-representation in
higher education and public employment. However, the Supreme Court treated
‘poor’ as a homogenous category for the General Category people. It never
ventured into the variations among caste and religious groups that benefitted least
from the General Category.
The second problem with appropriation and cornering is that it suggests that SCs
who benefitted slightly more, especially the Neo-Buddhist Mahars in Maharashtra or
the Jatavs in Uttar Pradesh, are the groups that have actively blocked opportunities
for the ones left behind. There is no concrete evidence that those SCs who have
utilised the reservation policy have placed obstacles and denied other SCs access to
the benefits offered by the state. Instead, it is equally evident that the beneficiaries
of the social justice policies had to experience extremely hostile situations at the
workplace, including traumatic situations leading to depression and suicide
attempts.

But this is an undoing of Ambedkarite values. Ambedkar fought for all scheduled castes and not
for individual castes. Now with sub-categorisation, each sub-caste will start recognising itself as
an atomised whole instead of a part of whole. The Brahminical agenda is to isolate scheduled
castes from becoming a union of castes,” he said.

The absence of detailed data, in the Supreme Court judgement, has raised questions about
what it ultimately means to fragment SC/ST groups

while their intentions may have been of genuine interest, this needed to be done through a
consultative process, including various communities, which can then be taken up in parliament.