The upholding of the “creamy layer” concept by the Supreme Court and defining it by an income limit is patently unjust and unfair. It goes against the spirit of the Indian Constitution which is the embodiment of social justice and equity.

The judgement is self-contradictory. On one hand, it maintains that caste is the basis for determining social status and on the other it goes on to support the idea of creamy layer which in effect means that the social status changes with economic advancement. If only the standing of a person/family/group changed that easily, there would have been no need for a struggle for reservation at all.

The experience of the suppressed people, and research studies have shown that caste standing and not economic status is the basis for discrimination and exclusion. One needs to understand that caste discrimination arises due to prejudice and not lack of educational and other qualifications. The fact that OBCs have only a mere 5.21 per cent representation in central government institutions even after 60 years of independence is an indication of continued discrimination against them.

Dearth of talent

Evidently there were no qualified OBCs from leading engineering colleges or IITs or IIMs. In fact, one will not be able to find the required numbers even today from these elite institutions to fill up the vacancies. By applying the creamy layer principle, the OBCs will continue to be excluded from all opportunities made available by the government in various sectors.

The SC judgement on the creamy layer is a major setback to the social justice tenets guiding the Constitution, negating the social justice that forms the very basis of Indian Constitution. The creamy layer concept is a false notion of advancement of the OBCs that is being put forth to impose a limit on their growth. Those who have grown economically on their own initiative will now be punished for it. If their economic growth has been substantial then why is it that OBCs do not dominate a single sector of economy whether it is education, software development, construction, hotel management, or media?

Beyond economic clout, the reasons that has kept the OBCs on the margins are caste, caste-based discrimination and suppression. A few OBC individuals may have grown economically but not a single backward caste has got economic clout as a social group. Caste is so deeply entrenched in our system and minds that it is a life-long encumbrance and works against the individuals in various ways. 

The SC judgement is also wrong in holding that the 27 per cent reservation will not be implemented beyond graduation, and in stating that a backward student becomes “educationally forward” on obtaining a degree and hence, needs no reservation in further studies. This in substance imposes a limit on further education of OBCs which is discriminatory. In any case, not more than two per cent of OBCs are in colleges and universities, according to the data available. So where is the concept of social equity?

Ground reality

Also, the judgement does not take into consideration the ground reality. Undergraduate courses are not taught in any premier educational institution; most of them offer post graduate courses. In the name of creamy layer, the OBCs are kept out of these institutions. In this era of specialisation, by limiting reservation up to degree level, the OBCs are being told unequivocally that she/he can go this far and no further. Once again, they are being limited, deprived deliberately, on the basis of their caste.

If the government is really committed to social justice, first and foremost it should ensure that free and compulsory education is provided to every single citizen. It needs to increase education budget and ensure that every single child receives quality education, in rural areas as in urban areas; for the children of industrialists as for those of labourers.

The Union government should immediately file a review petition against the SC judgement. It should also immediately undertake a caste-based census. It should collect and comprise information on participation of BCs in various key areas like education, employment, land-holding, business ownership and political positions.

(The writer is Principal, University College of Arts and Social Sciences, Osmania University, Hyderabad.)