Asserting that the idea of denying reservation to SCs and STs on account of the creamy layer concept is “condemnable”, the Congress has said the government should have brought a legislation in Parliament to nullify that part of the Supreme Court judgement that talks about the issue.
AS per PTI report, Congress chief Mallikarjun Kharge said while the party was holding deliberations with intellectuals, experts and NGOs on the Supreme Court’s decision allowing states to create sub-categorisation within the SCs and STs and will take a call after detailed discussions, it is opposed to that part which advocates the creamy layer concept.
Earlier this month, a seven-judge bench of the Supreme Court led by Chief Justice D Y Chandrachud ruled in a 6:1 majority judgement that state governments were permitted to sub-classify communities within the SC list based on empirical data.
Supreme Court judge B R Gavai had said states must evolve a policy for identifying the creamy layer even among the Scheduled Castes (SC) and Schedule Tribes (ST) and deny them the benefit of reservation.
Justice Gavai penned a separate but concurring judgement in which the top court by a majority verdict said the states are empowered to make sub-classifications of Scheduled Castes and Scheduled Tribes for granting quotas within the reserved category to uplift those who belong to the more underprivileged castes.
“Who do you want to benefit by bringing a creamy layer? By bringing a creamy layer (concept) on one hand you are denying untouchables and giving to those who have enjoyed privileges for thousands of years. I condemn this,” Kharge told reporters in New Delhi.
This issue of creamy layer that has been raised by the seven judges shows that they have not thought about SCs and STs in a serious manner, he said.
“Till the time untouchability exists, reservation should be there and will be there. We will fight for it,” Kharge said.
He accused the BJP of seeking to end reservation.
On one hand the government has privatised the public sector jobs and on the other hand, there are a lot of vacancies, but they are not recruiting, Kharge said.
“SCs and STs are not able to get jobs. No SCs are at the high-level positions. They are trying to suppress the SCs and STs by classifying them in a creamy layer,” he said.
“I found the court’s decision surprising. There are people who are facing untouchability in real life and those people belonging to SCs and STs even on high posts are facing discrimination. If they have money even then they face discrimination,” Kharge said.
