Mumbai: The Supreme Court’s ruling on Friday (August 2) allowing states to sub-classify the Scheduled Castes (SCs) and Scheduled Tribes (STs) for the purpose of granting separate quotas has elicited strong opposition from anti-caste groups and political leaders.

Many members of the ruling NDA government have also expressed their discontent over the seven-judge constitution bench's decision, which was delivered with a 6:1 majority and allowed sub-classification for the purpose of separately reserving seats in educational institutions and public employment for the more backward among the scheduled communities.

Union ministers Chirag Paswan and Ramdas Athawale are among those who opposed the verdict.

At a press conference in Patna, Paswan stated that his party, the Lok Janshakti Party (Ram Vilas), will appeal the decision.

“Our party will go for an appeal requesting the apex court to review its recent judgement allowing sub-groups within the 15% SC quota,” PTI quoted him as saying.

The Supreme Court’s judgment, which includes six separate opinions, discusses the application of the “creamy layer” within the community.

Interestingly, the application of the creamy layer principle was not contested in any petition.

The term “creamy layer” has so far been used in the context of the Other Backward Classes (OBC), where those among them who are socially, economically and educationally advanced are excluded from reservation benefits.

The creamy layer, as it stands today, refers to individuals above a certain income level – Rs 8 lakh per annum for the OBCs – who are excluded from quota benefits.

“Creamy layer cannot be allowed in the SC quota. Allowing sub-groups within the SC quota will not serve the purpose of uplifting the socially marginalised segment that has been a victim of the practice of untouchability,” Paswan said at the press conference according to PTI.

He spoke about the historical marginalisation and discrimination that Dalit communities have suffered even after accessing education. “The majority of Scheduled Caste people, even those from well-to-do families and with access to education, face untouchability. Therefore, allowing sub-groups within the SC is not justified,” he said.

Sub-grouping among the SCs is not a new phenomenon. In Bihar, under the leadership of chief minister Nitish Kumar (who is also part of the NDA like Paswan’s party), a separate ‘Mahadalit’ category has been created.

While Paswan did not comment on the existing sub-classification in Bihar, he expressed support for conducting the contentious caste census, which the BJP government has been avoiding and the opposition has been demanding vociferously lately.

The Republican Party of India (Athawale) leader too opposed the verdict. Athawale’s RPI has long been a part of the NDA and he said his party strongly opposed any move to divide SC/ST communities by the application of creamy layer logic.

“The reservation for SCs/STs is based on caste. The RPI (Athawale) will strongly oppose any move to apply the criteria of creamy layer to reservation for SCs and STs,” PTI cited Athawale as saying.

Athawale, however, welcomed the court’s decision to sub-classify SC and ST communities.

The Wire is now on WhatsApp. Follow our channel for sharp analysis and opinions on the latest developments.