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Creamy Layer in SC/ST

September 2, 2024

The recent Supreme Court directive to involve the creamy layer criterion in reservations for Scheduled Castes (SCs) and Scheduled Tribes (STs) has sparked significant debate. Historically, the reservation system in India has aimed to uplift and provide opportunities to marginalized communities by ensuring access to education, employment, and political representation. The creamy layer concept, which originated in the context of Other Backward Classes (OBCs), excludes the more affluent and socially advanced members of these groups from benefiting from reservations. The application of this criterion to SCs and STs represents a shift in how affirmative action is implemented.

Need for Creamy Layer Criteria in SC/ST Reservations

1. Class within caste:Within the SC/ST communities, there is significant variation in socioeconomic conditions. While many members of these communities remain deeply disadvantaged, others have achieved relative economic stability and social mobility. The creamy layer criterion seeks to differentiate between those who are still facing systemic barriers and those who have moved beyond the most pressing issues of poverty and social exclusion.
2. Addressing Internal Inequality:SCs and STs are not monolithic categories; they encompass a diverse range of communities with varying levels of socio-economic progress. Communities with higher levels of economic development and better educational attainment often access more opportunities, thus cornering a larger share of benefits intended for the marginalized. This is compounded by their relative political influence, which can lead to more effective advocacy and resource allocation in their favor.
   • For example: Justice M.S. Janarthanam Committee (Tamil Nadu): Recommended differential reservations for the Arunthathiyar community, a sub-caste within the SC category, due to their significant backwardness and socio-economic disadvantages. The committee suggested specific policies and measures to address the unique vulnerabilities of the Arunthathiyars.
   • The Punjab Scheduled Castes and Backward Classes (Reservation in Services) Act, 2006, aimed to reserve 50% of the SC quota for the most marginalized sub-castes, like Balmikis and Mazhabi Sikhs, who had historically been underrepresented in government jobs. Despite its eventual challenge in courts, this policy was based on empirical data showing that these sub-castes were not benefiting proportionally from the existing reservation system.

3. Preventing Elite Capture of benefits:- Within SC/ST communities, individuals/families who have gained socio-economic privilege might inadvertently uphold these hierarchies by accessing reservations intended for those with less power.
   • The creamy layer criterion aims to dismantle this by focusing on the genuinely marginalized, thereby challenging the persistence of entrenched social hierarchies and reducing the influence of power elites who may otherwise benefit from affirmative action policies.

4. Observations by Rohini Commission on subclassification of OBCs also identified the potential for disproportionate capture of benefits of reservation by certain groups.
   • It found that 97 per cent of the reserved jobs and seats have gone to 25 per cent of OBC sub-castes, and only 10 OBC communities have taken the 25 per cent of reserved central jobs and institutional seats. Also 37 per cent, of the 2,600 communities under the OBC category had zero representation in jobs and institutes.
   • SC/ST reservation will also be facing similar handicaps and inequalities.

Issues and problems of Creamy Layer Criteria in SC/ST Reservations

• Shift from Caste to Class Focus:By emphasizing economic criteria, the creamy layer criterion may inadvertently shift the focus of reservation policies from addressing caste-based inequalities to addressing class-based inequalities. This could dilute the original intent of reservations, which was to redress caste-based injustices and might weaken caste consciousness as a tool for social and political mobilization.
• Persistent Social Exclusion:Caste-based discrimination is a deep-rooted and pervasive issue that affects SC/ST comm
• unities irrespective of their economic status. Applying the creamy layer criterion might overlook the social stigma and discrimination that wealthier SC/ST individuals still face.
• Intra-community Tensions:The criterion may lead to internal divisions within SC/ST communities, where those excluded from benefits might feel alienated or unfairly targeted. This can create tensions and weaken the solidarity necessary to combat broader caste-based discrimination.
• Social Tension and fight for backwardness among castes: According to Dr. R.L. Chaudhari, the privileges attached to castes have encouraged casteism since the caste is proving very beneficial to the persons belonging to the backward castes. He also adds that there is a general desire for the enrolment in the list of Scheduled Castes and backward classes even among those who are advanced and who’ have rejected the caste system for other purposes.
  • Andre Beteille also argues that the prospects of material advancement through job reservation have led to kind of competition for backwardness among castes at the middle levels of the hierarchy. This kind of competition creates a vested interest in backwardness, and it combines the worst feature of caste system
• Assertion of Caste Identities: The need to classify and reclassify castes for reservation purposes reinforces caste identities rather than diminishing them. Dipankar Gupta has argued that the Indian state’s reliance on caste-based reservations perpetuates the salience of caste in public life. Instead of weakening caste identities, the reservation system can, paradoxically, solidify them, as communities are continually reminded of their caste status in the pursuit of state benefits.
• Determining the Creamy Layer:Identifying who falls within the creamy layer can be challenging, as it requires accurate and detailed data on income, wealth, and social status, which is often difficult to obtain. Inaccuracies or inconsistencies in this process can lead to disputes and perceived injustices.
• Intersectionality Ignored:The criterion may fail to account for the intersecting forms of oppression that affect individuals within SC/ST groups. For instance, a well-off SC woman might still face gender-based oppression that the creamy layer criterion does not consider, leading to an oversimplified assessment of disadvantage.
• Political Mobilization:Gupta argues that caste-based political mobilization is often driven by economic motivations rather than purely social ones. He asserts that groups who feel left out of the reservation framework often use political pressure to secure their inclusion in categories that grant affirmative action benefits. This politicization of caste identity, according to Gupta, exacerbates social tensions and highlights the instrumental use of caste as a resource in the competition for scarce benefits.
• Neglect of Social Capital:The creamy layer criterion primarily focuses on economic indicators such as income, but it may overlook other forms of capital, such as social capital and networks, which also play a significant role in perpetuating inequality. A wealthy SC/ST individual might still lack access to the social networks that are crucial for upward mobility in a caste-based society.
• Barrier to Inter-generational Mobility:While one generation may achieve economic success, subsequent generations within the creamy layer might still face structural barriers to social mobility. This could perpetuate a cycle where economic advancement does not necessarily translate into broader social acceptance or integration.

While Dr. Ambedkar advocated for reservations to uplift the SCs and STs, he also recognized the need for such policies to be adaptive and responsive to changing socio-economic conditions. However before adoption of creamy layer criteria, a comprehensive caste census to accurately identify socio-economic disparities within SC/ST groups, ensuring that intersectional disadvantages such as gender and disability are accounted for needs to be conducted.

Also, it’s essential to maintain a strong focus on the continued presence of caste-based discrimination, even among those in the creamy layer, to prevent the dilution of the reservation system’s original intent. By addressing these factors, the creamy layer criterion can be implemented in a way that promotes both fairness and social justice, while still acknowledging the persistent challenges of caste inequality in India.