‘Laxman Rekha’ crossed: BAPSA JNU disapproves of Supreme Court verdict on sub-classification of SC quota

NEW DELHI: Birsa Ambedkar Phule Students Association, JNU (BAPSA JNU) “vehemently disapproved” of the recent Supreme Court judgment allowing the sub-categorisation of Scheduled Castes (SCs) in reservations for “a wider protection for underrepresented groups”. The students group urged the oppressed “to stand against such judicial attacks on identities, solidarities and quest for social transformation”.

In a landmark verdict, the Supreme Court bench headed by Chief Justice of India DY Chandrachud on August 1 held that “historical and empirical evidence indicates that Scheduled castes are not a homogenous class”.

In this regard, the students group in an open statement said: “The Brahmanical fangs of the Supreme Court of India- the safest sanctuary of the twice-born in this democratic republic- is once again wide open. The recent judgement is a part of the meditated attack on the idea of caste-based reservation. Mostly, such an offensive is carried out by a selfish horde of brahmins, seated as judge in India owing to the collegium system. This time, the inclusive seven-judges bench had a 'fifth columnist' on board; the only judge from the Scheduled Caste merely reaffirmed the majority decision.”

It pointed out that not a single Scheduled Tribe (ST) was part of this bench. “As to SCs, it may be said that there is empirically at least one person belonging to this community in this whole wide world who deemed the introduction of creamy/non-creamy layer among SC/STs fit.”

“There must be personal representation; persons from different communities themselves should be present in the decision-making bodies. Moreover, this shouldn't prevail merely as a matter of right but as a guarantee,” the students quoted Ambedkar.

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Vacant seats

Highlighting how the reservation quotas for SCs and STs are not duly filled in all sectors and how the backlogs are piling every year, BAPSA JNU said: “SCs/STs see very clearly that there are seats yet to be filled, there are backlogs according to the reservation quota waiting to be cleared. They very much realise that even if the quotas are full, sub-classification is not the real solution. They have a clear grasp over arithmetics of inequality in India. Privilege of upper castes is based upon disprivileges of the lower castes. They know that sub-classification is a cheap brahmanical tactic.”

“We must be mindful of the fact that mere asking for reservation won't help in the long run; the oppressed castes must unite to acquire political strength. This brahmanical weapon of the creamy-layer was earlier used during the implementation of the Mandal Commission Report. Despite the recommendation of the commission that caste should be the basis of reservation, creamy-layer was introduced by a nine-judges bench of the Supreme Court. This time it has been used against SCs/STs in the name of ensuring equality,” it stated.

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‘No proper study’

The students stated the Patna High Court’s order to strike down the Bihar legislative assembly's decision to extend reservation of backward classes from 50% to 65%. One of the major reasons cited was inadequate study and data for such legislation. “In this judgement on sub-classification within SCs/STs, the Supreme Court seems to have curiously overcome the necessity of a proper study. The judgement forcefully runs counter to the statistical evidence in public domain. The oppressed communities must not only be wary of twice-born concern for equality but also their guilt and compassion.” they said.

Creamy layer: A Brahmastra

Excerpts from the BPASA JNU statement on SC verdict allowing sub-categorisation of SCs in reservations.

Despite a history of affirmative action for the Scheduled Castes and Scheduled Tribes after the transfer of power in this country, they are still wanting in social, political and economic stamina. On the landscape of affirmative action, there is a sacred delimitation of figures. A Laxman Rekha- mythologically, drawn to restrict women's freedom- of fifty percent was drawn by the famous Indra Sawhney Vs. Union of India judgement. Due to this, the cap of reservation was limited to 50%; the accumulated percentage of reservation provided to SC-ST-OBC couldn't exceed this percentage,” BAPSA said in a statement.

However, this rekha was brazenly crossed when the benefits of reservation were to be extended to the Daridra-narayanas, in the form of a ten percent EWS quota, impervious to SC-ST-OBC. The EWS quota is like a sacred temple, where Brahmins acquire absolute control and is beyond the reach of Shudra-Atishudra.

The division of figures yields two broad categories in the Indian context. The first fifty percent- unreserved, a territory mostly hijacked by the twice-born and EWS- wants to give equality. This 50% (40 after EWS) is actually open. It is for everyone but has historically been colonised by the 10-15% upper castes. The remaining fifty percent- SC, ST and OBC- supposedly needs equality.

Affirmative action is there to bring equality among all; it tries to systematically subvert hierarchy throughout the system. After Kanshiram, say the pen standing vertically has to be laid down horizontally. Khadi line ko padi line me tabdeel karna. The marginalised castes and communities in India need to have equality not only among themselves but also in comparison to the twice-born who almost completely colonise the unreserved seats in admissions and jobs.

Quite interestingly, the twice-born believe themselves to be having some divine authority to ensure equality among SC-ST-OBC. When the oppressed sections try to unite as a anti-upper-caste counter-force, due considerably to the securities produced in the wake of affirmative action, the upper caste collegium starts highlighting the inequalitarian implications of affirmative action without provision of sub-classification.