Members of SASLN discuss the Supreme Court’s decision to sub-categorize caste.
On 1 August 2024, in a landmark 6-1 majority ruling, a seven-judge Constitution Bench of the Supreme Court affirmed that States have the authority to sub-classify Scheduled Castes listed in the Presidential Order. The objective is to extend “more” preferential treatment to those within the Scheduled Caste (SC) category in public employment and education.
Additionally, four of the seven judges observed that the government should consider extending the “creamy layer principle” to Scheduled Castes and Scheduled Tribes, similar to its application in the Other Backward Classes (OBC) category, to exclude affluent individuals or families from the benefits of reservation.
On 23 August 2024, the South Asia Sanitation Workers and Labour Network (SASLN) convened a meeting where members shared their stories of struggle, resilience, and success. SASLN members belong to a social identity that has faced centuries of oppression but continues to find ways to rise and fight for our rights. The group is deeply committed to discussing and addressing the issues facing the Dalit community. That afternoon, the focus was on a topic causing ripples across the nation—sub-categorization within the SC category.
The discussion began with a reflection on the original intent behind reservations for the SC category. “Reservation,” one participant noted, “is rooted in social and political justice, not merely economic empowerment. Dalit representation in politics and the socio-cultural sphere, and consequently in the economic realm, remains minimal. Where it does exist, it is often accompanied by indignity. Our voices have been silenced for too long, and reservation is our way of being heard.” The group reaffirmed that the social and political basis of reservation must not be diluted by applying an economic criterion, such as the creamy layer, to exclude anyone from its benefits.
Another member emphasized the need to acknowledge a broader context: “The Dalit movement today has been strongly shaped by leaders like Ambedkar, Kanshi Ram, and Mayawati, inspired by Phule and Periyar, along with several other leaders and intellectuals from the Bahujan community. These leaders have ensured that Dalits are now a significant political constituency that cannot be ignored. We must be aware that various political forces, including the state, administration, and judiciary, may use sub-categorization as a tool to divide this political constituency.” Another participant added, “These leaders made sure we were not just individuals fighting alone, but a powerful collective—a political force that cannot be ignored.”
The discussion also touched on the internal struggles within the community. “Even among us,” a member observed, “the ‘infection of imitation,’ as Dr. Ambedkar warned, has spread. Some groups within our community distance themselves from others, hoping to gain favor with the oppressor castes who look down on all of us. This division within us is dangerous. Our strength lies in the annihilation of caste, not in trying to emulate those who oppress us.”
Another member added, “Certain Dalit sub-castes have started enforcing endogamy rules, distancing themselves from others within the community. Leadership and opportunities within the Dalit movement have become skewed, excluding a section of the Dalit population. We must return to Ambedkar’s teachings and ensure that every sub-group within our community understands the importance of solidarity.”
Against this backdrop, the group turned to the issue of sub-categorization. One participant remarked, “How can we discuss sub-categorization without first conducting a Caste Census? We need clear and accurate data to understand the different sub-castes within our community. Without it, any talk of further sub-categorizing us is unacceptable.” Another member added, “We are all aware of instances where non-Dalits have obtained fake SC certificates, taking away opportunities meant for those who truly need them. Meanwhile, many Dalits face difficulties in even obtaining a caste certificate, a crucial document for accessing benefits. These issues of discrimination and injustice must be addressed before we can even consider sub-categorization.”
The conversation then shifted to the idea of Dalits as a socio-political category. “Dalit is more than just a name on a list,” a young member said. “It is a symbol of our collective struggle and our fight for justice. But there are those who seek to break this unity by adding non-Dalit castes to the SC list. We must resist these attempts to divide us.”
As the group considered possible solutions, one member remarked, “There is a need to provide additional special benefits to those within the Dalit community who are particularly marginalized, such as the Balmiki and Arunthatiyar communities. However, these benefits should be above and beyond what is already allocated. We must not take away from others who are also struggling.”
On the topic of the creamy layer, a member asserted, “Discrimination does not end just because someone in our community becomes slightly better off. Even those who have achieved some economic success still face indignity and exclusion. We are still in an era where Dalits are subjected to indignity, even after attaining constitutional positions. The idea of a creamy layer simply does not apply to us.”
Finally, the group discussed the idea of a quota within a quota, reserving a certain percentage of the SC quota for particularly marginalized sub-castes. “But we must ensure that if these positions are not filled, they don’t revert to the General category,” one member cautioned. Another member added, “It’s important to acknowledge that this marginalized category is still not educationally uplifted to fully access the reservation.
Therefore, it should be ensured that if a vacancy is not filled, instead of making it open for the General category, it should be filled within the SC quota. In other words, the sub-categorization should remain a sub-category, not become an independent category.”
The group expressed concern that the sub-categorization debate might take an ugly turn, given the lack of trust we have in the dominant sections of society. A member warned, “Inclusion should not become a tool to exclude certain sections within the Dalit community from the Scheduled Caste category. The principle of inclusion for the marginalized within marginalized groups should take precedence, not the exclusion of the creamy layer from the reservation.”
Another member reaffirmed the vision of Periyar and Ambedkar, stating, “The principle of respecting the consolidation of marginalized people as a socio-political category that comes together to advocate for the community as a whole, and to strengthen the anti-caste and anti-patriarchal narrative for society, should be upheld.” We need to caution by asking the question: Can sub-categorization be an instrument of inclusion, not exclusion? If not, we must not support it.
(By Anil Kumar Balmiki, Jogendra Singh Parihar, Ranbir Kumar Ram, Jai Gopal, Rohit Basfore, Dinesh Hela, Ramkui Kachui, Themyophi K H, Seema Sapriban, Kamaljeet Kaur, Sudha, Mayank Jhinjot, Ishwar Waghela, and Vikesh Kumar)
Edited by Parth Sharma
Image by Gayatri Sharma
