From Stopping Dalit Grooms on Horses to Denying Water: Why 'Creamy Layer' in SC/ST Quota is a Grave Injustice, AJAK Explains

Jaipur- The constitutional provision of reservation for Scheduled Castes and Scheduled Tribes (SC/ST) is once again under attack. A petition filed in the Supreme Court demands the application of a 'Creamy Layer'- excluding the economically advanced members, to SC/ST reservations, similar to the system for Other Backward Classes (OBCs).

In a strong rebuttal, the Dr. Ambedkar Anusuchit Jaati Adhikari-Karmchari Association (AJAK), Rajasthan has submitted a memorandum to President Droupadi Murmu, vehemently opposing this "flawed and malicious" concept and urging the central government to argue against it in the Supreme Court.

In the memorandum, AJAK President and retd. IAS officer Shriram Chordia argued that reservation is a tool to remedy social backwardness, not an economic aid program. He highlighted the deep-seated social hatred and discrimination persistently faced by the SC/ST community, citing recent shocking incidents.

The Reality: Social Boycott, Not Economic Status

Chordia's memorandum pointed to stark examples to demonstrate that stigma is caste-based, not economic. "In Rajasthan alone, over the last 3-4 years, 60 Dalit grooms were humiliated and forced to dismount from their horses solely because of their caste," he wrote.

"A Dalit student was beaten for drinking water from a pot ('matka') in school, a temple of education. Dalits have been killed for simply sporting a moustache," the memo stated, underscoring the brutal social enforcement of caste hierarchies.

He argued that crimes against Dalits are rising based on caste identity, not economic status. "If it were about economics, a Dalit IPS officer would not need heavy security to move around freely. The funeral processions of Dalits are blocked from using main roads, and they are barred from entering temples solely based on their caste, never their bank balance. Economic prosperity does not erase the caste stigma."

The Supreme Court Petition and Call to Action

The memorandum references the case of Ramshankar Prajapati vs. Union of India (Writ Petition No. 682/2025), where the demand for applying the Creamy Layer to SC/ST quotas was made. The Supreme Court has issued a notice to the central government, seeking its response by September 10, 2025.

AJAK has requested the President to direct the Central and State governments and the National Commission for Scheduled Castes to strongly oppose this petition. They have also urged the government to appoint senior advocates to ensure the court understands the unique social context of SC/ST oppression and to get the PIL dismissed.

Reservation's Goal is Social Justice, Not Economic Aid

Chordia clarified the constitutional intent, citing Articles 15(4), 16(4), 335, and 341. He stated that reservations for SC/STs were designed to address historical social discrimination and the practice of untouchability, not merely economic deprivation.

He invoked the Supreme Court's own judgments in the Indra Sawhney (1992) and M. Nagaraj (2006) cases, which held that SC/ST reservation is based on social backwardness, not economic status, and that is why the Creamy Layer concept was explicitly kept out for these groups, unlike for OBCs.

AJAK warned that introducing the Creamy Layer for SC/STs would be a backdoor method to dilute reservation, violating the fundamental right to equality under Article 14. It would prevent economically successful SC/ST individuals from accessing higher posts (like IAS, IPS, IRS, and the judiciary), thereby defeating the constitutional goal of ensuring adequate representation in administration and society.

The memorandum noted that the principles of reservation are already being undermined through the privatization of public sector units, outsourcing, contractual appointments, and the non-filling of backlog vacancies. The push for a Creamy Layer, AJAK asserts, is another link in this chain aimed at depriving Dalits and Adivasis of their constitutional rights.