Friday, May 16, 2025

Real Social justice in Bharat - at last? Will Justice Gavai fix the basic flaw in the reservation policy of Bharat? Let's keep our fingers crossed...


Come on, sir...

Walk the talk...

The people of Bharat will be with you.

Justice B.R. Gavai, the current Chief Justice of India, has expressed significant concerns regarding the continuation of reservation benefits across multiple generations within the Scheduled Castes (SC) and Scheduled Tribes (ST) communities. He emphasizes the necessity of identifying and excluding the 'creamy layer'—those who have achieved substantial social and economic advancement—from the ambit of affirmative action.

Justice Gavai's Perspective on Intergenerational Reservations

Justice Gavai, himself from a Dalit background, has questioned the rationale behind extending reservation benefits to the descendants of individuals who have already attained elevated positions in society, such as those in the Indian Administrative Service (IAS) or Indian Police Service (IPS). He remarked.

"A person from the SC/ST community, after getting into central services like IAS and IPS, gets access to the best of facilities. Yet, his children and their children continue to get benefits of reservation. Should this continue?"

This viewpoint underscores the concern that the advantages of reservation policies may be disproportionately accruing to already uplifted segments within the SC/ST communities, potentially sidelining those who remain marginalized.

⚖️ Advocating for 'Creamy Layer' Exclusion in SC/ST Reservations


In a landmark judgment, Justice Gavai advocated for the implementation of a 'creamy layer' exclusion within SC/ST reservations. He stated

"State must evolve a policy to identify the creamy layer among the SC/ST category and take them out of the fold of affirmative action. This is the only way to gain true equality."

This perspective aligns with the principle that reservation benefits should be targeted toward those who are genuinely disadvantaged, ensuring that affirmative action serves its intended purpose of uplifting the most marginalized.

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