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- Bharat Bandh 21st August Supreme Court Sc st Reservation Creamy Layer। NACDAOR
New Delhi6 minutes ago
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A 14-hour Bharat Bandh has been called on Wednesday (21 August) against the Supreme Court’s decision to implement creamy layer in SC-ST reservation. This protest has been announced by the National Confederation of Dalit and Tribal Organisations (NACDAOR).
The National Confederation of Dalit and Adivasi Organization (NACDAOR) has called the court’s suggestion against the constitutional rights of Dalits and Adivasis. It has also demanded the central government to cancel it.
Jharkhand Mukti Morcha (JMM), Congress and Left parties have supported this nationwide strike. JMM has asked all its leaders, district presidents, secretaries and district coordinators to participate in this strike.
What did the parties say on Bharat Bandh?
- JMM General Secretary Vinod Kumar Pandey has said that the recent decision of the Supreme Court on Scheduled Caste and Scheduled Tribe reservation will prove to be an obstacle in the path of upliftment and strengthening of SC-ST classes.
- RJD state general secretary Kailash Yadav said the party has decided to extend its support and participate in the one-day strike.
- Congress spokesperson Rakesh Sinha said the party too has extended support to the bandh call. He said dalit and adivasi organisations have demanded stronger representation and protection for marginalised communities.
The court’s decision threatens the constitutional rights of SC-ST: Organization
NACDAOR is opposed to the decision of a 7-judge bench of the Supreme Court to implement creamy layer in SC-ST reservation. The organization says that the recent decision of the Supreme Court undermines the earlier decision of a 9-judge bench in the landmark Indira Sawhney case, which established the framework for reservation in India. The current decision threatens the constitutional rights of SC-ST.
The Supreme Court had approved quota within quota in SC reservation
The Supreme Court had given a big decision in this regard on Thursday (August 1). State governments will now be able to give quota within the reservation for Scheduled Castes, i.e. SC. The court had overturned its own 20-year-old decision. Then the court had said that Scheduled Castes are a group in themselves, further division cannot be done on the basis of castes included in it.
The court had also given necessary instructions to the states in its new decision. It said that state governments cannot take decisions arbitrarily. The decision was of a 7-judge Constitution Bench of the Supreme Court. It said that dividing the Scheduled Castes on the basis of the castes included in it is not against Article 341 of the Constitution.
What happened in the previous hearings…
8 February 2024: The court said- Others cannot be excluded to benefit the most backward
It was the third day of the hearing. The bench said that suppose there are many backward classes and the state chooses only two. In such a case, those who have been excluded can challenge it. While giving benefits to the most backward, state governments cannot exclude others. Otherwise, this will become a dangerous trend of appeasement. Some state governments will choose some castes, some will choose other castes. We have to make a scale for this.
Read full news…
7 February 2024: SC-ST cannot be equal in economic, educational, social status
On the second day of the hearing, the court said that SC and ST cannot be the same in terms of their economic, educational and social status. They can be a class for a certain purpose, but they cannot become a category for all purposes.
Read full news…
6 February 2024: Court asked- should the children of IAS-IPS officers get quota
On the first day of the hearing, the Punjab government argued that the most backward communities among the backward classes should be identified and provided with means to avail employment opportunities. On this, the bench questioned why the affluent sub-castes among the backward classes should not be removed from the list of reservation.
The bench also asked whether the children of IAS-IPS officers should get quota? Justice Vikram Nath said why should they not be removed from the reservation list? Some sub-castes have prospered. They should come out of reservation. By coming out, they can make space for the extremely backward and marginalized classes.
Why was a review needed?
In 2006, the Punjab government brought a law, in which 50% reservation and priority was given to Valmiki and Mazhabi Sikhs in jobs in the Schedule Caste quota. In 2010, the Punjab-Haryana High Court declared it unconstitutional and abolished the law. 23 petitions, including the Punjab government, were filed against this decision in the Supreme Court. The Supreme Court started hearing the case on 6 February 2024.
During the hearing, Punjab Advocate General Gurminder Singh said that a member of the backward class securing 56% marks in the recruitment exam should be given preference over a person from the upper class securing 99% marks because the upper class has access to high-class facilities, while the backward class struggles without these facilities.
Creamy layer will not be applicable in SC/ST reservation, decision of the central government
Creamy layer will not be implemented in reservation for Scheduled Castes and Tribes (SC/ST). PM Narendra Modi gave this assurance to 100 Dalit MPs who came to meet him in Parliament House on Friday (August 9). The Center also announced this late in the evening.
On August 1, Supreme Court Justice BR Gavai had commented that the creamy layer scheme should be considered for SC-ST category as well. Dalit MPs had met the PM and expressed their concern regarding this.
A cabinet meeting was held on the evening of 9 August. After this, Union Minister Ashwini Vaishnav said in a press conference that the NDA government is bound by the Constitution made by BR Ambedkar. There is no provision of creamy layer in SC/ST reservation in this Constitution. Read full news…
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