Skip to main content

Failing to tackle historical injustices? Apex Court involves into creamy layer

By Vidya Bhushan Rawat* 

The recent judgment regarding subquotas by the Supreme Court has attracted criticism largely centered on 'location.' Strikingly, even liberal factions have begun to criticize the Supreme Court for various issues. Many seem to overlook the significant movements advocating for subquotas across numerous states, with the most notable being the protests by Madiga groups in Telangana, Andhra Pradesh, and Karnataka. 
For instance, in Tamil Nadu, there exists a 3% subquota specifically for Arundhatiyars (the manual scavenging community), which is a part of the 18% quota allocated for Scheduled Castes. A similar proportional representation is preserved within the quotas for backward classes, culminating in a total reservation capacity of 69%. 
The core issue of this debate highlights a troubling hypocrisy and dishonesty prevalent among both political leaders and so-called intellectuals. These self-styled advocates neglect the growing distrust and frustration among marginalized communities. Engaging with groups like Balmiki, Dom, Mushahar, Pasi, Majahabi, Arundhatiyar, Mangs, Matangs, and Madigas would reveal their views on the matter. Politically, these communities often feel alienated from mainstream Dalit leadership, leading to a growing dissatisfaction that transcends the simplistic narrative of Savarna versus Dalit. 
The real contention lies in the struggle for resources among Scheduled Castes, where mainstream leaders and intellectuals have failed to connect with these other communities. As Baba Saheb Ambedkar articulated, this reflects a system of graded inequality, signifying the varying degrees of respect and contempt among groups. He chose not to use terms like Dalit or Bahujan, recognizing the complexity within communities, which is why the term Scheduled Castes was constitutionally adopted. 
Unfortunately, a lack of internal dialogue persists, compelling those who feel unheard to turn to other parties or the Supreme Court for support. It is well understood that courts and the government are often eager to 'intervene,' but this situation also calls for profound reflection. 
The Supreme Court's unnecessary involvement in the creamy layer issue among Scheduled Castes needs to be addressed. It is critical for the Court to revisit past judgments, especially concerning the Economically Weaker Sections (EWS) criteria, and to provide a clear definition. Many individuals from SC, ST, and OBC backgrounds could qualify under EWS, but the Court appears to have limited this category primarily to Brahmin and Bania groups, excluding others. 
Various court rulings, including those from the apex court, alongside the strategic circumvention of these rulings by Brahminical bureaucracies, have converted unreserved seats into so-called general or savarna quotas. 
The Supreme Court must clarify that these so-called general or unreserved seats should be accessible to everyone, including SC, ST, and OBC individuals, making the discussion around creamy layers justifiable. Without addressing historical injustices, any discourse on creamy layers remains superficial. In essence, we are observing a pervasive atmosphere of hypocrisy across the board. 
A political resolution is viable if leaders across all Dalit communities unite to ensure fair representation for the most marginalized
Many criticize Balmikis for pursuing litigation, which starkly reflects the failure of the broader Dalit movement to embrace these marginalized factions. The consequent rebellion among these groups should not be blamed on them but rather on the movement's shortcomings. India is calling for proportional representation across all societal levels. Hindu, Dalit, Bahujan, and Muslim are larger identities, but individuals are rallying around specific Jati identities. 
The discourse surrounding supposed upper castes is misleading; we need to focus on the representation of various Jatis, with distinct mentions of Banias, Brahmins, Rajputs, Kayasthas, and also the marginalized communities like Doms, Balmikis, Mushahars, Matangs, Mangs, and Arundhatiyars, which must be reflected in official records. Ultimately, it is crucial for all marginalized communities to recognize that their prosperity hinges on internal dialogue. 
Baba Saheb brought diverse communities together, as did Kansiram, resulting in unprecedented solidarity among various sections of Scheduled Castes and backward communities. Unity cannot be constructed through blame but rather through collaboration and constructive dialogue. Instead of disregarding legitimate demands, acknowledging them is essential for the strength of the movement that Baba Saheb Ambedkar and Kansiram worked tirelessly to build. 
A political resolution is viable if leaders across all Dalit communities unite to ensure fair representation for the most marginalized, not just in jobs but within their political parties as well. Only then can real progress occur; otherwise, opportunistic 'intellectuals' will step in and undermine the movement. 
Nearly two decades ago, I observed a significant Madiga protest in Hyderabad demanding their rightful quota; they faced criticism yet remained resolute in their quest. I previously wrote about the Dalit movement being at a crossroads. Now, it is time for this movement to foster unity, confront existing crises and hostilities among marginalized communities, negotiate, and advocate for proper representation. 
We must not allow the manipulative elite to divide Dalit communities. Without genuine efforts toward cohesion, the Hindutva-liberal elite will readily exploit divisions for their political objectives.
---
*Human rights defender

Comments

TRENDING

RG Kar saga: Towards liberation from the constraints of rigid political parties?

By Atanu Roy*  There's a saying: "There is no such thing as a half-pregnancy." This adage seems particularly relevant when discussing the current regime of the Trinamool Congress (TMC). The party appears to be entrenched in widespread corruption that affects nearly every aspect of our lives. One must wonder, why would they exclude the health sector—a lucrative area where illicit money can flow freely, thanks to a network of corrupt leaders colluding with ambitious bureaucrats? 

TU activist Anirudh Rajan, lawyer Ajay Kumar in custody: Wounded reputation of world's largest democracy?

By Vedika S*  Over the last few days, India's National Investigation Agency (NIA), known to be tasked with suppressing revolutionary, democratic, and progressive forces, conducted a series of raids across Haryana, Punjab, Uttar Pradesh, and Delhi. Targets included human rights attorney Pankaj Tripathi, student leader Devendra Azad, and peasant union leader Sukhwinder Kaur. Lawyer and anti-displacement activist Ajay Kumar was arrested and taken to his home in Mohali, which was subsequently raided. He is now imprisoned in Lucknow as a suspect in the NIA's "Northern Regional Bureau (NRB) Revival case." 

India's 55.6% still can't afford healthy diet, yet food wastage a serious issue

By Vikas Meshram  According to this year's 'State of Food Security and Nutrition in the World' report, India has the highest number of malnourished people in the world, with a staggering 195 million affected. This report, prepared by the Food and Agriculture Organization (FAO) of the United Nations, was published jointly by five UN agencies, including UNICEF. The report also highlights a slight improvement in India's statistics: between 2004-06, the number of malnourished people in the country was 240 million. 

A Hindu alternative to Valentine's Day? 'Shiv-Parvati was first love marriage in Universe'

By Rajiv Shah*   The other day, I was searching on Google a quote on Maha Shivratri which I wanted to send to someone, a confirmed Shiv Bhakt, quite close to me -- with an underlying message to act positively instead of being negative. On top of the search, I chanced upon an article in, imagine!, a Nashik Corporation site which offered me something very unusual. 

Swami Vivekananda's views on caste and sexuality were 'painfully' regressive

By Bhaskar Sur* Swami Vivekananda now belongs more to the modern Hindu mythology than reality. It makes a daunting job to discover the real human being who knew unemployment, humiliation of losing a teaching job for 'incompetence', longed in vain for the bliss of a happy conjugal life only to suffer the consequent frustration.

Damaging signal sent to various levels of judiciary? Modi at religious function at CJI's residence

Counterview Desk  The civil rights group, National Alliance for Justice, Accountability and Rights (NAJAR), has expressed its "grave concern" over the Prime Minister’s recent presence at a religious event at the Chief Justice of India's residence, underlining, "Independence of Judiciary from Executive must be ensured in all circumstances".

Impact of global warming? Asia's 61% population 'deprived of clean water'

By Vikas Meshram*  A recent study from Utrecht University in the Netherlands warns that climate change and socio-economic transformations will exacerbate water scarcity, disproportionately affecting populations in South Asian countries. Human beings require clean water for drinking, sanitation, food production, energy, and manufacturing. Across the globe, people and policymakers are grappling with the challenges of water scarcity. 

Trailblazer in literary innovation, critic of Indian mythology, including Ramayana

By Harsh Thakor*  Ranganayakamma, commonly known as RN, stands out as a transformative figure in promoting Marxist thought, democratic ideals, and anti-caste principles through her remarkably clear and engaging writing style. A trailblazer in literary innovation, her works span a broad array of topics, from critiques of Indian mythology and revivalism to discussions on civil liberties, the Indian Communist Movement, and Maoism in China. 

Unwavering source of ideological inspiration in politics, life: Personal tribute to Yechury

By Bhabani Shankar Nayak  Sitaram Yechury was everyone's comrade. He lived his life in public like an open book of praxis. Everyone was familiar with his family background, student life, many talents, achievements, and political journey that defines his everyday life as a committed communist.