The Union Cabinet declared that the principle of the creamy layer does not apply to reservations for Scheduled Castes (SCs) and Scheduled Tribes (STs).

It is emphasised that this decision aligns with the Constitutional provisions established by Babasaheb Bhim Rao Ambedkar.

Supreme Court Judgment 

• Supreme Court Ruling:
  • Recently, a seven-judge Bench of the Supreme Court in a 6:1 majority decision, allowed sub-classification by the state government within Scheduled Castes (SCs) and Scheduled Tribes (STs) to enhance affirmative action benefits.
    • It was emphasized that such sub-classification must be based on “quantifiable and demonstrable data” rather than political motives.
  • The judgment aimed to uplift the more underprivileged castes within the SC category.
• Creamy Layer Observations:
  • Justice B.R. Gavai, in a concurring judgment, suggested that States should develop a policy to identify the creamy layer within SC and ST categories and exclude them from reservations.
    • However, this was an observation and not a binding part of the decision.

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Status of SC and ST Communities in India

• SC stands for Scheduled Castes, historically known as “untouchables.”
• ST stands for Scheduled Tribes, often residing in remote areas and facing social and economic challenges.   

Key Socio-economic status of SCs and STs

• HDI Improvement: Significant progress, but still below the national average.
• Literacy: Increased from 52% (1991) to 74% (2011).
• School Dropouts: Dropped to 2.54% in 2020-2021.
• Health: Infant mortality reduced from 86 (1992) to 35 (2016).
• Female Literacy: SC women’s literacy rose from 42% to 56.5% (2001-2011).
• Housing: Ongoing issues with access to clean water and sanitation.
• Employment: Higher dependence on informal labor, low formal sector representation.

Impacts of sub-classification within SCs and STs

• Positive Impacts
  • Equitable Distribution: Ensures fair share of reservation benefits to the most disadvantaged sub-groups.
  • Enhanced Social Justice: Makes affirmative action policies more inclusive and equitable.
  • Improved Representation: Leads to better representation of marginalized sub-groups in various sectors.
  • Addressing Historical Inequities: Provides additional support to historically marginalized sub-groups.
• Challenges
  • Complex Implementation: Requires accurate data which makes the process complex and resource-intensive.
  • Intra-Community Tensions: May lead to conflicts within SC and ST communities.
  • Legal and Policy Hurdles: Faces potential legal challenges and may need policy changes.

Way Forward

The socio- economic condition of SCs and STs are low and this condition can be resolved if the government takes steps in this regard. 

• Welfare policies: Government should develop such welfare schemes that cater to the needs of these groups. 
  • For this, there should be high inclusion of community representatives in the policy making process. 
• Economic Empowerment: Government should increase support systems for these communities such as scholarships and specialised schools. 
• Legal and Institutional support: Enforce laws and regulation that protects the interests of these communities.
  • In addition to it, ensure that all institutes supporting SCs and STs are funded and staffed. 

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