Demands for Creamy Layer in SC/STs

Why in news?

The Supreme Court hears a petition to exclude the well offs among SCs and STs from reservation benefits.

What are the concerns?

• There are concerns that the rich among the SC/STs were benefiting from the reservation policies.
• On the other hand, the intended deserving and impoverished population continue to be excluded.
• There is lack of percolation of benefits to nearly 95% members of these communities at the bottom, defeating the whole purpose.
• This is perpetuating the problem of rich-poor divide.
• It is also becoming a cause of social unrest, especially the Naxalite movements and the perennial problem of poverty.

What is the demand?

• The petition argues that no class or caste remained homogeneously backward across time.
• Only the bottom sections of the caste continue to reel under disadvantageous condition.
• It thus calls for excluding the creamy layer of the Scheduled Castes and Scheduled Tribes from reservation benefits.

Is it legally valid?

• In 1992, a 9-judge Bench of the Supreme Court in the Indra Sawhney case (or the Mandal case) gave a verdict in this regard.
• It upheld the caste-based reservation for the OBCs as valid.
• The court also said the creamy layer of the OBCs (those earning a specified income) should not get the benefits of reservation.
• However, it applied only to the OBCs and not the SC/STs.
• The current petition refers to a Constitution Bench’s judgment in 2006.
• The judgement made value of assets of an individual claiming reservation as a criteria for deciding the creamy layer.
• It is now for the court to decide on the issue of skewed benefits of measures intended for rooting out social and economic backwardness.

Source: The Hindu