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COLUMN

Without de-reservation, nity. However, other experts opine that

extending direct benefits to the poor of
reservation is useless SC/ST could be a better option than pass-
ing on the benefits to the creamy layer
because the former could help the poor
of their own community.
Remedial judicial interventions in accordance with constitutional propriety are Some critics caution that any change
HARD undone by overriding political interests by amending the Constitution paving way in the reservation policy, including
creamy layer, in the SC/ST category
LINE for further quota stirs and this needs to change at the earliest could halt their upward ascendance on
the trajectory of growth garnered with
ANIL SINGH n the ongoing hearing of pleas on indicators are already in place that are much difficulty over the past few dec-
whether reservations for SC/ST can- applicable to OBCs, the Supreme Court in ades through reservation. According to a
didates should extend to promotions the ongoing hearings has asked whether news item published in leading English
The columnist is or not, the Supreme Court has asked something similar should be applicable to daily dated September 6, 2012, by 2011 in
Executive Editor of I whether the conjecture behind those SCs/STs or not. the Central Government, of a total of 149
News24 news arguing in favour was that SCs/STs will According to media reports, the term secretary-level officers, there were no SC • Caste votes Political parties should shun caste course to undo the ill-effects of demon-
channel. The views remain perpetually backward. While failure “creamy layer” was first coined by late officers and there were only 4 ST officers. politics, especially on reservation issue etization and wrong implementation of
here expressed are the of the reservations in palliating the condi- Justice Krishna Iyer in State of Kerala vs NM At the additional secretary level, out of the GST on medium and small-scalesec-
author’s own tion of the beneficiaries makes this question Thomas, wherein he observed that “benefits 108 officers, there were just two each tor, which is admittedly the largest
reasonable, conversely, if the belief is that of the reservation shall be snatched away by from SC and ST. At the joint secretary people fall a prey to divisive politics and employment provider.
reservations have been helpful, as can be the top creamy layer of the backward class, level, out of 477 officers, SCs accounted resultant unrest. There is also need to pay heed to sane
discerned from the bulk of evidence, then thus leaving the weakest among the weak for 6.5 per cent whereas ST constituted Almost all political parties are well advice offered by one critic, “We need to
reservations should be applicable only until and leaving the fortunate layers to consume 3.1 per cent. Out of 590 directors’ posts, aware that reservation is not the only ask ourselves, once again, whether it is
the beneficiary needs them, not forever. the whole cake”. While dealing with creamy only 17 vacancies were filled by SC and panacea to improve the condition of the equality of opportunity that we strive for,
In other words, as one expert points out, layer at length, the Supreme Court in Indra seven were allocated to ST. This data poor and the backward as Government or whether we want to rid our society of
“reservations without de-reservations are Sawhney vs Union of India, stressed that in makes it discernible inability of SC/ST sector provides less than 4 per cent of the caste system.”
meaningless and self-defeating. the event of member of a backward class candidates facing difficulties in making total jobs in India. Still these parties grind Some observers have suggested
In recent years, many states have wit- having reached an advanced social level to the top posts and calls for remedial their own axe at the expense of gullible implementation of creamy layer system
nessed spate of agitations staking reserva- or status, he/she would no longer belong to measures to ensure equitable opportuni- people. As one critic has aptly observed, in all types of reservations in India
tion claims — Marathas in Maharashtra, the backward class and would have to be ties for SCs/STs. “The problem is that the political invest- including SCs/STsbecause it will help fur-
Kappus in Andhra Pradesh, Jats in Haryana removed from the reservation list. ment in caste is an almost insurmount- ther filtering in the system and allocate
and Patidars in Gujarat. Underlying political However, Article 16(4) of the Constitution Political machination able obstacle not only to social transfor- the available facilities to the neediest.
overtones dictated by “vote-bank” politics stipulates that the State must identify the Undeniably, political parties have mation but also to legal reform.” It is high However, such a suggestion cannot be
elicit support from all political quarters. Po- creamy layer in a backward class and there- often used reservation as a trump card time that political parties should shun implemented without the consensus of
litical parties have learnt to accommodate after excluding the creamy layer extend the to secure and enrich their vote bank. caste politics, especially on reservation all concerned and such a consensus to
these demands lest their votes be affected, benefit of reservation to the ‘class’ which Quota agitations — be it by Marathas issue. obtain immediately is a herculean task;
resulting in phenomenal growth in such remains after such exclusion. However, in Maharashtra, or Jats in Haryana or nevertheless, initiative can be launched
Political parties demands, so too unrest and even violence extension of creamy layer parameter of Patidars in Gujarat — are often seen by Way forward through persuasion.
often use in quota stirs. Remedial judicial interven- ‘OBC’ to SCs/STs has now become a debat- political parties as opportune occasions Agreeably, there is no overnight solution It is interesting here to cite the exem-
able issue.
tions in accordance with constitutional
to enrich their respective vote banks.
to the problem of reservations, especially plary instance of Sujat Ambedkar, the
reservation as propriety are undone by overriding politi- vations to the creamy layer will tantamount Faulty development policies, inadequate in the wake of complex socio-cultural great grandson of the legendary Baba-
Protagonists opine that denial of reser-
and religious-ethnic structures of the
cal interests by amending the Constitution
facilities and lack of infrastructure for
saheb Ambedkar, who recently startled
a trump card to paving way for further quota stirs and such to denying reservation to the entire com- technical education and skill develop- Indian society. Overall equitable, inclu- a predominantly Dalit rally by announc-
secure and enrich a scenario calls for serious focus on creamy munity. Nevertheless, it is argued by the ment, sordid state of affairs afflicting the sive and sustainable economic growth ing that his privileged upbringing did
unorganized sector etc., have proved
in which benefits trickle down to the last away with the need for reservation. Sujat
layer.
opponents that implementation of creamy
their vote bank. layer policy would help reservation benefits instrumental in limiting the scope of job person at the lowest rung of the society may be a rare but inspiring exampleof
Quota agitations Creamy layer percolate to the most deprived and deserv- creations thereby leading to huge dispar- entails sanguinity of finding a way out self-abnegation in SC/ST communities
ity between the growing population and
and his example needs to be emulated by
of this caste-ridden quagmire. Govern-
While upholding the salience and necessity ing members of that community. Some
are often seen of reservations at entry level for SCs/STS, experts support reservation for the creamy job opportunities. The yawning gulf be- ment, from central to municipal level, well-off segments in these communities
by parties as the apex court questioned whether these layer in SC/ST category by arguing that tween demand and supply of jobs spurs is called upon to fill up vacant vacan- to voluntarily renounce their privileges
cies and generate new opportunities in
depriving such creamy layer of the benefits
reservations should be used for speedy or
in favour of those who need them more
those outside the reservation category
opportune special promotion channels in addition to of reservation could result in their seclu- to demand reservation and the vested government jobs as well as self-employ- direly.
time to do so being extended generation after genera- sion from their own community leading political interests exploit the situation to ment. Besides, specific emphasis needs LETTERS@TEHELKA.COM
tion. In view of the fact that “creamy layer”
to be focused on adhering to correction
their advantage thereby making gullible
to disinterestedness in their own commu-
TEHELKA / 15 SEPTEMBER 2018 18 WWW.TEHELKA.COM TEHELKA / 15 SEPTEMBER 2018 19 WWW.TEHELKA.COM
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