Sub-quotas within the existing reservation for Scheduled Castes and Scheduled Tribes, and the exclusion of the “creamy layer”, are prima facie consistent with the logic of affirmative action. Given that the size of the quota pie is limited, surely it must be distributed in a manner that addresses those most in need.
Opposition to the Supreme Court judgement providing for sub-classification of SC/STs, and for excluding the more ‘forward’ among these castes, is founded on three arguments. First, that sub-classification will divide the Dalit community (presumably undermining the clout of political leaders such as Mayawati and Chandrashekhar Azad). Second, that economic and social progress are two very different things. Third, that excluding the “creamy layer” requires data that is presently unavailable, and is not within the ambit of the Constitution.
Sub-quotas already exist in the OBC category, and its political heft hasn’t suffered as a result, so that takes care of the first argument. In Bihar, Extremely Backward Classes (EBCs) enjoy an 18 per share within the overall quota for OBCs, with another 3 per cent for OBC women. In Andhra, there are five such categories. Last year, Haryana approved a quota for OBCs belonging to the ‘A’ category in civic bodies, acting on the finding that the socially and economically better-off ‘BC-B’ communities had the advantage over ‘BC-A’.
Problems arise when a new community seeks reservation, because the size of the pie is indeed limited. The courts have consistently maintained that reservation – at least caste-based reservation – cannot exceed 50 per cent. Last month, Bihar’s attempt to take caste-based quotas to 65 per cent was foiled by the Patna High Court. In 2021, the apex court struck down a separate quota for Marathas. Its reintroduction earlier this year has already been challenged in the Bombay HC.
Evidence suggests that certain castes, who happen to be more ‘forward’ than others lumped into the same category, benefit more from reservation than others. Their representation in the civil services and local self-government, for example, is disproportionate to their share of population. In other words, they get a larger slice of the quota pie than other, more disadvantaged castes.
This reality prompted Jitan Ram Manjhi, MSME minister and leader of the Hindustani Awam Morcha, to suggest (back in 2017) that the benefits of reservation should cease after two generations; ie, that the ‘creamy layer’ should be excluded. As Justice B R Gavai, himself a Dalit, pointed out, those more in need of quota entitlements should get them. The idea behind sub-classification and exclusion of the well-off is that the most marginalised among the Dalits should have access to education and employment, and no particular sub-caste should corner all the entitlements.
Maharashtra News: 50% Housing Quota For Marathi Manoos?
The Congress has yet to clarify its stand on sub-quotas, although the CMs of Karnataka and Telengana have welcomed it. The move accords well with its slogan of ‘Jitni abadi utna haq’ (quota according to population), but the party may be sounding out Dalit organisations and activists. That said, not all Dalit organisations are opposed to sub-classification. The Dalit Sangharsha Samithi (DSS) of Karntaka, for example, has hailed the apex court’s order.
On the other hand, the political class to a man have denounced the idea of excluding the ‘creamy layer’. In 2018, the apex court extended the concept, applicable to reservation for OBCs, to quotas for SC/STs in government employment. The Centre promptly asked for a review! Even now, it sticks to the stand that there is no provision for a ‘creamy layer’ in quotas for SC/ST.
The argument is that SC/STs cannot be equated with OBCs, because the former suffer an exaggerated level of social discrimination, which has nothing to do with their economic advancement. In effect, equal economic status does not translate into social parity. But there’s no denying that a well-off person who happens to hail from a subaltern caste is a lot less likely to face discrimination than one who is economically weak. Politicians and civil servants who have faced no disadvantages throughout their lives still get the benefit of reservation, often at the cost of someone who needs it far more.
Perhaps the best expression of the argument that social status follows from economic empowerment comes from businessman Milind Kamble: “Defeat Caste with Capital”. What door can remain closed to Rajesh Saraiya, billionaire-CEO of Germany-based Steel Mont Trading Ltd, who owns his Dalit status? In any event, if 75 years of reservation has made no difference to social status, then there’s no guarantee that the next 75 years will – not unless the weakest among the Dalits are empowered.
The lack of supporting data to enable sub-classification and identification of the ‘creamy layer’ is certainly a concern, but not an insurmountable one. After all, enumeration is the job of governments and UIDAI will make it much easier. It may take time, but state governments can set up commissions to collect and analyse caste-specific data, and apply it so as to benefit the most socially and economically challenged – the ‘last man’ in the queue.
Bhavdeep Kang is a senior journalist with 35 years of experience in working with major newspapers and magazines. She is now an independent writer and author
