Today's Editorial

Today's Editorial - 18 August 2024

Disparity among Dalits needs to be acknowledged

Relevance: GS Paper II

Why in News?

A seven-judge Constitution Bench of the Supreme Court allowed states to create sub-classifications within SC and ST reserved categories. This decision has sparked discussions in elite universities, public institutions, and among political parties and the general public.

Two Main Views on Sub-Classification of Quota in SC/ST communities:

  1. In favor of sub-classification.
  2. Opposed to sub-classification.

Creamy Layer and SC/ST Reservation:

  • Both proponents and critics of sub-classification agree on the exclusion of the creamy layer clause in SC and ST reservations. 
  • The Cabinet has also clarified that there are no plans to implement the creamy layer exclusion in these quotas. 
  • This consensus is rooted in the understanding that SCs and STs have historically faced social humiliation and that reservation is a means to address generational social exclusion. 
  • Excluding economically secure members of these communities through a creamy layer sub-categorization is seen as counterproductive, as it could perpetuate discrimination.

Debate on Sub-Classification:

  • While there is broad agreement on the creamy layer issue, sub-classification based on caste within SC/ST reservations has received mixed responses. 
  • Critics argue that sub-classification could fragment the pan-Dalit identity, which has been strengthened by the Ambedkarite movement. 
  • They also point out that the privileged sections of the SC/ST communities, who have embraced Ambedkarisation, are more assertive and visible due to their middle-class status achieved through reservation in education and employment.

Visibility and the Pan-Dalit Identity:

  • The visibility of certain SC communities, such as the neo-Buddhists in Maharashtra, Malas and Adi-Andhras in Telangana and Andhra Pradesh, and Jatavs and Chamars in North India, can be attributed to their sizable population and early participation in the Ambedkarite movement. 
  • In contrast, other communities like the Mangs (Maharashtra), Madigas (Telangana), and Valmikis (North India) are considered 'late entrants' in the anti-caste movement, which has affected their visibility and access to resources.

Historical Context of Sub-Classification:

  • The idea of sub-classification within SC reservations dates back to the B N Lokur Committee of 1965, which observed that welfare benefits were concentrated in numerically large and politically well-organized communities. 
  • This led to various state-level initiatives, such as Punjab's 1975 notification giving preference to Valmiki and Mazhabi Sikh castes, identified as the most backward within the SC category. 
  • The demand for sub-classification gained momentum in the 1990s with the Madiga Reservation Porata Samithi in Andhra Pradesh, leading to the formation of the R Raju Committee. 
  • Based on R Raju Committee recommendation, AP created sub-classification within SC reservation that was struck down by the Supreme Court in 2004.

Commissions on Sub-Classification:

  • The demand for sub-classification has not been isolated, with several commissions across India recommending categorization and sub-classification of SC reservations based on their findings. 
  • These include:
    • Hukum Singh Commission (Uttar Pradesh, 2001),
    • Lahuji Salve Commission (Maharashtra, 2003), 
    • Sadashiva Commission (Karnataka, 2005), 
    • Usha Mehra Commission (Centre, 2007),
    • Janarthanam Commission (Tamil Nadu, 2008).

Extending Social Justice:

  • The principle of social justice underlying SC/ST reservation should be extended to castes that have not been able to access welfare resources. 
  • If reservation was introduced to address socio-economic inequality among historically disadvantaged castes through proportional representation, then the same principle should be applied to backward castes within the SC category
  • The Supreme Court's 2024 verdict recognizes the necessity of sub-classification for the most disadvantaged and marginalized groups that have failed to benefit from reservation.

Conclusion:

Rather than ignoring or penalizing the internal disparities within the Dalit community, it is essential to acknowledge the vast differences in socio-economic status, education, and employment within the community. Recognizing these disparities offers an opportunity to foster solidarity among Dalit castes and to actualize a genuinely unified Dalit category and politics.

Beyond Editorial:

Concept of a Creamy Layer:

  • The concept of a creamy layer arose out of the landmark Indra Sawhney ruling in 1992.
  • Based on the recommendation of the Mandal Commission, the V P Singh government on August 13, 1990, had notified 27% reservation for Socially and Educationally Backward Classes (OBC reservation) in civil posts and services. This was challenged in the Supreme Court by Indra Sawhney and others.
  • On November 16, 1992, a nine-judge Bench headed by Justice B P Jeevan Reddy, upheld the 27% OBC reservation subject to exclusion of the creamy layer, or the more socially, economically, and educationally advanced members among OBCs. This was done in order to ensure that reservation benefits go to those who need it the most.
  • The creamy layer is not the same as sub-classification or sub-categorisation. 
    • The latter refers to community/caste wise breakdown of a reserved category (like SC) based on various socio-economic or other criteria. 
    • Creamy layer, however, refers to a group of people within a certain caste/community who are better off than the rest based on certain criteria.

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