New Delhi: Days after the Supreme Court allowed sub-classification of scheduled castes by state governments, causing division within the BJP, the party’s Dalit and tribal MPs approached Prime Minister Narendra Modi to express their concerns about the sub-categorisation and the court’s observations on the creamy layer. Modi assured them that their concerns would be taken into account and that the issue would be addressed.
Over a hundred BJP MPs from the Lok Sabha and Rajya Sabha who belong to SC and ST communities met the PM Friday morning and presented a memorandum on the issue.
Speaking to ThePrint, Avimanyu Sethi, a Dalit BJP MP from Odisha who was part of the delegation, said, “We raised the issue of subcategories and the creamy layer since this will create division. The benefit of reservations has not reached every Dalit or tribal, so the creamy layer observation is not justified. The prime minister assured us that it is an observation and is not being implemented and that the interest of every subsection of SC and ST will be protected.”
Chintamani Maharaj, a BJP MP from Chhattisgarh and part of the delegation of MPs from tribal communities, said that a lot of confusion had been created over the SC’s creamy layer observation and it was “necessary to allay fears”. “How can ST be compared with OBC creamy layer? How many STs are in the top position in bureaucracy and judiciary? This creamy layer talk is unnecessary. We have apprised the PM about our concern,” he said to ThePrint.
According to Mahendra Singh Solanki, an MP from Madhya Pradesh, the PM has “assured them” that this would not be implemented.
‘How can the state decide who is financially empowered?’
The SC, in its ruling on 1 August, advocated exclusion of the ‘creamy layer’ within SCs and STs, leading to protests from within the BJP. The decision overruled the precedent set by the 2004 judgment in the E.V. Chinnaiah vs State of Andhra Pradesh case, which deemed sub-classification within SCs impermissible.
Justice B.R. Gavai, in the judgment, said the new creamy layer principle would prevent reservation benefits from being monopolised by a few and ensure that the truly disadvantaged get the benefits, while pointing out that such an approach was needed since some communities within these categories had advanced more than others. He also highlighted the need for empirical data to support sub-classification, adding that it should not be done based on political factors.
Justice Pankaj Mithal stated that the quota among SCs and STs has to be limited to the first generation and not the second generation if any member of the first generation has reached higher status through reservation.
“It is also commonly known that disparities and social discrimination, which is highly prevalent in the rural areas, start diminishing when one travels to the urban and metropolitan areas,” said Gavai.
Speaking to ThePrint, West Bengal BJP MP Jagannath Sarkar asked, “How can the state decide who is financially empowered and doesn’t need reservation? Empirical data is not available. Secondly, unlike for OBCs, in SC and ST categories, backwardness prevails despite getting reservation and the communities are still struggling to get education and for economic empowerment. Even the practice of untouchability continues. So, diluting provision of reservation and excluding certain groups is impractical and wrong messaging.”
According to a BJP functionary, the BJP has found that many SC subgroups did not vote for the party in the Lok Sabha elections, leading to the less than thrilling results, so it is now being careful to not incur the wrath of the SC and ST communities. “The government is in no mood to implement the creamy layer suggestion. It will open a Pandora’s box,” the functionary said.
Apart from the BJP, NDA partners Lok Janshakti Party (LJP) and even Bahujan Samaj Party (BSP) have criticised the SC observation, saying that it will impact the dominant SC party. And although the Congress hasn’t made a final decision yet, it has hinted at wanting broader consultation. Union Minister Chirag Paswan’s Lok Janshakti Party (Ram Vilas) plans to file a review petition against the ruling.
MPs from parties outside of the NDA, too, have expressed objections, with Shiv Sena-UBT member Bhausaheb Wakchaure raising the issue during Question Hour in the Lok Sabha. To this, Union minister of state Arjun Ram Meghwal said that it is “an observation” and not a part of the decision.
(Edited by Zinnia Ray Chaudhuri)
Also Read: No SC/ST groups will be excluded — how Supreme Court order treads sub-classification minefield
