Assam: Tribal Body Opposes Supreme Court’s Verdict On ‘Creamy Layer’ In SC/ST

GUWAHATI: The Co-ordination Committee of Tribal Organizations in Assam (CCTOA) unanimously decided to oppose the Supreme Court verdict on the "creamy layer" in SC and ST and the sub-classification among SC and ST communities.

Addressing the media, the chief coordinator of CCTOA, Aditya Khakhlari, said, “On August 1, 2024, a majority of a seven-member Constitutional Bench of the Supreme Court delivered a verdict directing the Union Government to identify the ‘creamy layer’ within the Scheduled Castes (SCs) and Scheduled Tribes (STs). The ruling emphasized that even within these groups, the socially and economically advanced sections should be identified, and measures should be taken to ensure that their subsequent generations cannot avail the benefits of reservations. Chief Justice of the Supreme Court of India, D.Y. Chandarchud, stated that the majority of the Bench supported the idea of sanctioning separate quotas (proportionate shares) for the more backward classes within the SC and ST categories. However, Justice Bella Trivedi opposed the sub-class division of SC/ST and the identification of a ‘creamy layer’.”

Khakhlari said, “Today we held a meeting, chaired by the president of All Assam Tribal Sangha (AATS), Sukumar Basumatary, at Tribal Rest House, Guwahati, to oppose the verdict with some points. Firstly, the CCTOA opposed the re-division of sub-classes within the SCs and STs, as well as the division of reserved seats, arguing that such division would fragment the tribes socially and culturally. It will break down the unity among the tribes. Secondly, it strongly opposed the identification of the ‘creamy layer’ within the STs because the tribes of Assam are still collectively backward in all aspects. Identifying the creamy layer will create upper and lower classes, which will divide the tribal society.”

He further highlighted other points, “Thirdly, the Supreme Court judgement is contrary to Articles 341 and 342 of the Constitution of India. This judgement is also contrary to Articles 15(4) and 16(4) of the constitution. Fourthly, according to the Constitution of India, only the President of India has the authority to determine the reservation for SCs, STs, and OBCs, with the parliament responsible for enacting laws and passing laws on the reservation system. This is the tradition of the Constitution of India hitherto. Fifthly, it is never fair and acceptable for the judiciary to make and enforce laws independently.”

He added, “It is observed that various departments of the state have relied on the court in enforcing the Reservation Act. As a result, SC and ST employees have been deprived of fair promotion. In the case of college admissions, meritorious SC/ST students are not listed on the merit list but in reserved seats as per the Reservation Act. For example, Bongaigaon College did not comply with the Reservation Act during the last admissions.”

“Following the Supreme Court’s ruling, the SC and ST MPs met the Prime Minister, who assured that the creamy layer would not be applied to SC and ST, but no clear stance was given on the issue of sub-class division and reservation within reservation. As a result, SC/STs in India are in danger today,” Khakhlari said.

The CCTOA meeting concluded with a decision to submit a memorandum to the Prime Minister of India, Narendra Modi, and the Home Minister, Amit Shah, demanding that no decision be taken that could violate the constitutional rights of the Scheduled Castes and Tribes of India. The CCTOA meeting welcomed the Cabinet decision to name the Rupsi Airport in Kokrajhar after Gurudev Kalicharan Brahma, a former tribal social reformer.

The meeting also discussed the incident involving a student of class 10, named Gamrin Makat, who was strangled to death in the hostel of St. Paul School in Margherita, Tinsukia district, on the night of July 31. CCTOA meeting demanded an inquiry into the incident by a retired judge of the Gauhati High Court for strict punishment of the culprits as per the law.

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