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For the first time, a petition filed in the interest of the SC/ST who are actually deprived was filed in the Supreme Court this year. A bench led by the Chief Justice Dipak Misra is set to hear the plea. The PIL was filed by the Samta Andolan Samiti. This might be a new step towards allowing the underprivileged and discriminated to actually have a chance at development and progress.
The Petition
This petition is the first time there has been an attempt to mark out the creamy layer amongst the SC/ST sections of society. The petition filed argues that that the uplifted and affluent class of the SC/ST and OBCs are holding back the access of the lower rungs to the advantages of reservation. The Samta Andolan Samiti is a body of general, OBC and 9 SC/ST people. The petition also argued that because of the creamy layer the advantages weren’t uniformly distributed across the members of the community. Those who actually need the benefits aren’t able to get them.
The reserved classes and castes of India have a long history of discrimination. But, over time the classes and these castes have evolved. The constitution created these categories to allow the uniform distribution of wealth and development to all members of the Indian community. Certain members of these castes were able to gain access to wealth and progress. But once they achieved the financial status, they didn’t make way for the rest of the community.
Dilemmas for consideration
In a country such as India, these arguments and these petitions all create a very difficult terrain. Different problems seem to intersect to mean that a change in law affects so many people. Decisions related to the reserved castes and classes address a multitude of problems. The issues include poverty, the RTE, social discrimination, etc. Therefore there needs to be clarity on how to tackle these issues. This is by no means an easy decision, financial stability doesn’t always translate to social stability.
But this petition raises a very important question, who should constitute the reserved sections in India and on what basis? This is not the first time this question was asked. It won’t be the last time it will be asked either.