The Supreme Court has said that if both the parents are IAS officers, then why should their children get reservation?
The Supreme Court, while hearing a petition challenging a decision of the Karnataka High Court, asked that if both the parents are IAS officers, then why should their children get reservation? Justice BV Nagarathna and Justice Ujal Bhuyan said that the purpose of reservation is to uplift those families who are still backward. If a family has already moved ahead in terms of education, job, respect and resources, is it fair to give reservation to its children in the same way?
The Supreme Court has not yet given any decision in this matter, but once again the question regarding the creamy layer has become fresh. With this excuse, let us know what is the creamy layer? Who gets benefit in OBC reservation and who does not? Why did the Supreme Court raise the question?
What is the meaning of creamy layer?
The purpose of reservation in India is not just to distribute seats. Its real objective is to bring forward those classes which remained behind socially and educationally for a long time. OBC i.e. Other Backward Class was given reservation under this thinking. But even within OBC, it is considered to be a category which has progressed much ahead compared to the rest.
Supreme Court
Creamy layer means that part within the OBC category, which has become economically, socially or administratively strong. Children of such families are not given the benefit of reservation. The benefits of reservation should reach those who are still lagging behind. That means every OBC person is not automatically entitled to reservation. If the condition of the family is very strong, then it can be considered in the creamy layer. In such a situation he will not get reservation.
Why was there a need for a creamy layer?
When OBC reservation was implemented, the fear also came to the fore that the same families who had already moved ahead might avail its benefits again and again. If this had happened, the most vulnerable OBC communities would have been left behind. For this reason the concept of creamy layer was introduced. Its direct objective was that the benefits of reservation should reach the poor, deprived and under-represented sections of OBC. That means, those families which are already strong, should be excluded from this facility.
Who gets benefit in OBC reservation?
The benefit of OBC reservation is generally available to those people who come in the OBC list. Be in the non-creamy layer. Meet the prescribed rules and certifications. OBCs are given 27 percent reservation in government jobs and many educational institutions. But this benefit is available only to non-creamy layer OBCs. This is the most important thing.
Many people think that the creamy layer is determined only by income, this is not completely correct.
Who does not get the benefit?
Within OBC, those people can be left out of reservation, whose social, administrative or economic status of their family is quite strong. Generally, creamy layer is applicable in such cases. According to government rules, in some situations the post of parents is considered very important. Income is not the only consideration. For example, if the mother or father has held a constitutional post, the parents have been directly in Group-A service, the parents are in Group-B services, if the family has reached a higher administrative level, in such cases children can be considered in the creamy layer. That means, despite being OBC, they will not get the benefit of reservation.
Is the creamy layer determined only by income?
Many people think that the creamy layer is determined only by income. This is not completely correct. Income is an important basis, but it is not the only basis in every case. In common discussion, the annual limit of Rs 8 lakh is mentioned. But in cases of families with government jobs, sometimes the job category and position of the parents are also seen. That is, a person does not come into the creamy layer only on the basis of more or less salary. His social and administrative status also matters.
What if the annual income is Rs 8 lakh or more?
Amidst this latest debate, apart from OBC, it is important for other classes also to know that how will the people who are outside the government service be decided whether they are poor or rich? Supreme Court Advocate Ashwani Kumar Dubey says that the Supreme Court has already made clear arrangements in this matter. Any person with an annual income of Rs 8 lakh or above can neither avail EWS category benefits nor any other government benefit. Be it a doctor, engineer or an officer-employee working in the private sector. An annual income of Rs 8 lakh or more means that your situation is good.
What is the meaning of the court’s comments?
It is important to understand that the Supreme Court has not yet given the final decision. But the court’s comment is very important. Three big questions arise from this. Should the same family continue to get the benefits of reservation from generation to generation? Should the more powerful families within the OBCs be excluded? Are benefits reaching the most vulnerable OBC groups appropriately? This is the reason why this debate has become not just a debate of law, but of social justice.
Why question the IAS family?
The Indian Administrative Service is counted among the most prestigious services of the country. If both parents have reached this level, it is considered that the family has benefited from education, opportunity, social respect and understanding of the government system. The condition of the children of such families cannot be considered the same as that of the OBC families, which are still struggling with rural poverty, low education and limited opportunities. The Supreme Court’s question is based on this difference.
Difference between EWS and OBC creamy layer
During the debate it also came to light that EWS and OBC creamy layer are not the same. The basis of EWS i.e. Economically Weaker Section is mainly economic. But OBC reservation is not based only on poverty. This also includes social and educational backwardness. This is why the question of OBC creamy layer is more complex. In this, not only income but also social status and progress of the family is seen.
What impact will this debate have on society?
If the creamy layer rules are strictly enforced, the benefits of OBC reservation can reach more of those who are truly in need. This can provide opportunities to small and neglected communities. On the other hand, some people also say that social discrimination of a family cannot be considered eliminated just by seeing job or income. That means the debate is on two sides. One side says exclude strong families. The other side says that social identity and discrimination do not end with money alone. Therefore, great care is necessary while making policy.
What could happen next?
It is clear from the Supreme Court’s comment that in the coming time there will be a new discussion on the rules of OBC creamy layer. It is possible that the government and the courts may bring more clarity on who actually falls in the non-creamy layer and who does not. It is also possible that there may be changes in the rules for determining the creamy layer in the future. But the most important thing now is that the real benefits of reservation reach the right people. This is the basic feeling of social justice.
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