Chirag Paswan Challenges Supreme Court’s ‘Creamy Layer’ Observation for SC/ST Reservations
Union Minister Chirag Paswan, also the president of the Lok Janshakti Party (Ram Vilas), voiced his disagreement with the Supreme Court’s recent remarks regarding the ‘creamy layer’ among Scheduled Castes (SC) and Scheduled Tribes (ST). He announced that his party plans to file a review petition against this ruling. Paswan, who represents his late father Ram Vilas Paswan’s constituency of Hajipur in the Lok Sabha, has a significant support base among Dalits. According to the recent Bihar caste survey, SC and ST together make up 21.3% of the state’s population, highlighting their considerable political influence.
In a statement to the media in Patna, Paswan emphasized that the basis for granting reservations to these communities is “untouchability” and argued that the concept of a “creamy layer” should not apply. He asserted that the classification of Scheduled Castes should not be based on educational or economic status but on the persistent discrimination they face. Paswan stated, “We disagree with the Supreme Court’s observation and have registered it prominently. We are clear that the basis of classification of the Scheduled Caste is untouchability, not educational or economic status. So, there can’t be a provision for creamy layer…reservation within reservation is not fair.”
He further explained that the idea of a quota within a quota is unjust for Scheduled Castes, who continue to face discrimination. Paswan illustrated this ongoing discrimination by mentioning that even individuals from these communities who hold high positions are subjected to prejudice. For example, he pointed out that Dalit individuals visiting temples often find these places being ‘purified’ with Ganga water after their visit. He also mentioned incidents where Dalit grooms are prevented from riding horses during wedding processions. This, he argued, shows that discrimination due to untouchability still exists.
Paswan’s stance highlights a critical debate about the implementation of affirmative action policies in India. The concept of a “creamy layer” refers to the relatively wealthier and more educated members within SC and ST communities, who some argue should not benefit from reservations. The Supreme Court’s observation suggests that this more privileged subgroup should be excluded from reservation benefits to ensure that the most disadvantaged among SCs and STs gain the intended support.
However, Paswan’s opposition underscores a different perspective. He believes that the very foundation of reservations for SCs and STs is the historical and ongoing social discrimination they face, not just their economic or educational status. By introducing a creamy layer criterion, Paswan argues, the fundamental objective of addressing social inequality and untouchability is undermined.
This issue brings to light the broader complexities involved in India’s reservation policies. The reservations aim to provide equal opportunities to historically marginalized communities, but determining the beneficiaries of these policies is a contentious issue. The creamy layer concept, initially applied to Other Backward Classes (OBCs), has been a subject of debate when considered for SCs and STs.
Paswan’s decision to challenge the Supreme Court’s observation indicates his commitment to ensuring that reservations serve their intended purpose of uplifting the most marginalized. His arguments reflect the ongoing struggle to balance social justice with practical considerations of economic and educational advancement within these communities.
In summary, Chirag Paswan’s move to file a review petition against the Supreme Court’s observation on the creamy layer among SCs and STs highlights a significant issue in India’s affirmative action policies. By emphasizing the basis of untouchability for reservations, Paswan brings attention to the continuing social discrimination faced by these communities. This debate underscores the complexities of implementing reservations in a way that truly benefits the most disadvantaged and addresses the historical injustices faced by SCs and STs.