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RESERVATIONS ARE NOT ONLY FOR THE DEVELOPMENT, BUT ALSO FOR SHARING IN POLITICAL & ECONOMIC GROWTH OF OBCs ALONG WITH SELF RESPECT IN THE SOCIETY:-

The issue of implementation of creamy layer in the reservations of BCs is creating problem in the Country. The creamy layer issue has come again limelight due to proposal for implementation of G.O.Ms.No.496 (i.e, creamy layer concept) for BCs in education & employment. The Govt.of AP has temporarily comes down, when the BC groups have made agitations against the said G.O. It is not possible to with draw the above G.O in view of Supreme Court verdict. Taking the BCs agitations in to consideration, Government has agreed to keep this order in abeyance. Earlier also according to high court & Supreme Court judgments G.O.No.03 was issued in 2006. That order was temporarily withdrawn due to the severe opposition from BCs.There is a need for discussion on this matter as different opinions are formed in public on this issue.
CREAMY LAYER FOR OBCs IS AGAINST CONSTITUTIONAL SPIRIT:--

There is no straightforward clarity on what is creamy layer? In brief, to avail reservations in education and employment, the annual income of BCs should be less than Rs.4 lacs (rupees four lacs only). Those have more than these incomes are ineligible to claim reservation. Here, one question arises, why creamy layer rules should only be implemented to BCs? Reservation facility is being availed by 9 groups in the society. Why should it be implemented only to BCs? And not to others like SC, ST, Women, Physically handicapped etc. How far, it is justified for implement only to BCs and not to others. Normally, BCs oppose this issue .Is it correct to implement the creamy layer only to BCs? Is it constitutionally right? Principally correct? How far it is useful to BCs? To what extent college seats and jobs shall be filled up? It is essential to keenly observe such different issues in case of creamy layer. It is stated that in the article 340 in constitution, reservation are to be provided to those, who are backing in education & employment. Like-wise, it is also very clear in the articles 15(4) &16(4) in the constitution. Economic factors are not taken in to consideration any where. Social disparities, educational backwardness are the basic considerations to reservation and not economic backwardness. This was very clearly stated in the constitution. The same is also clearly stated in the Mandal commission, kakakalekar Commission, which were appointed constitutionally. Along with these, 64 BC Commissions were appointed in different states. No commission recommended for implantation of Creamy layer to BCs. Prior to mandal case judgments, Supreme Court and high courts have stated that the reservations have to be implemented on the basis of social backwardness.
RESERVATIONS ARE FOR SHARING IN POLITICAL POWER, NOT ONLY FOR DEVELOPMENT:-

It is essential to touch the roots of the reservation principles .Theoretical & Philosophical observations are essential to implement reservation in education and employment. There are basically two proposals. First, every caste and group should be made a part in running of the society, essentially in Govt. administration and political power. Second, removing
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:2: social differences and giving a part in power & position duly developing social respect and self-confidence among, those who are suppressed by the society. These two points are basic criteria for reservations, not economic development. Many packages and programs can be introduced for economic development. There is income limit to Govt schemes such as scholarships, fees reimbursement, loans, housing facilities to weaker sections, self employment schemes etc., No body will object these schemes. We should not see the caste and caste disparity from the angle of economy. Social disparity is different from financial backwardness .Even the BCs are financially in big position, but they are not getting equal social respect on par with forward castes. Those who developed economically may be in socially lower position. The families which have developed in the fields of education & employment only could develop socially. In our country social development is linked with caste only. Still 40 castes are not getting proper respect in the society .The people from these castes are not being selected IAS &IPS jobs even after 62 years of Independence. At least there are no group-I officer from these castes .They have no representation in professional courses. In recent days, the people from these castes are sustaining economically after entering in to contracts & businesses. How, these people share the power, if creamy layer is implemented? Is creamy layer is not obstruction to these recently developing communities? The purpose of SC,ST&BC reservations are not for economic development. The purpose is to make them a part in the Government Administration and also to provide share in the power. To increase the social position and self respect to untouchable communities, their representation should be increased in the respective fields .These groups are to be provided a share in the power. The social status of the groups will be increased, if they join in higher jobs through reservations. In our society people neglect a person on the basis of lower caste, but not on the basis of financial status. It is the social disparity. To day a poor man may be come crorier, like-wise a crorier may become beggar tomorrow. But, a lower caste person can not become a higher caste person. Due to Election of OBAMA as American President, the black communities are getting great honor from the world. Similarly BCs,SCs &STs will also live with self respect, if they get honorable posts on par with upper caste persons in India . This is a real philosophical and social process in our country. This is real truth, everybody should accept the same. Creamy layer may look like a good process, but it is quite opposite to basic goals & needs of poor communities. This effects the leadership of BCs.Moreover, there is no scientific procedure to count the income of a person. There are chances for entering in to corruption by the authorities in counting the total income. There is no scientific procedure for counting the total income of business and agriculture. By this, injustice shall be done to poor people .There is no doubt that rich people shall get exemption from creamy layer ,by using their influence .These disparities are clearly observed in the recently introduced EBC scholarships .
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:3: Some people argue that there will not be any reduction to 25% reservation to BCs even after creamy layer is implemented. It is not correct .If we observe the admission in central educational institutions like IITs, IIMs, nearly1220seats are not filled due to implementation of creamy layer policy. There is a chance for unfilling seats in Professional courses and vacancies in jobs will also arise due to implementation of creamy layer. Like wise representation of BCs in central jobs is not crossing more than 5% even though 27% reservations are provided to them for last 16 years. In 1980, according to mandal commission recommendations, Bcs could not get even more than 2% in civil services. It is not crossed more than 3% in group I posts .From 1993, 27% reservation is being implemented for Bcs in employment. As per the statistics gathered by centre up to 1st Jan 2004,the OBC employment is limited to 3.9% in group-I, 2.3% in group-B,5.2% in group-C and 4.7% in groupD. The percentage has not crossed 4.2% in IAS, 6.06% in IPS, and 6.7% in IFS. Out of 31 lakhs of employees in central government and public sector enterprises, the BCs strength is limited to only one lakh sixty one thousand only, even after implementation of 27% reservation from the last 16 years. In central level, BC employees strength is not crossing an average 5% even they are occupied as 54% share in total population in country. In such circumstances, if income limit as creamy layer is implemented to BCs, their share can not reach on par with their population strength even after many years in sharing political power.
WHY, CREAMY LAYER IS NOT FOR UPPER CASTE GROUPS?

Generally all open competition seats in professional courses, jobs, MLAs &MPs & Nominated posts etc., are getting by rich upper caste people. In the recent socio-economic changes, certain families of upper castes (viz., Brahmins, vysyas, Reddy and Kapu etc., ) are also facing economical problems to lead their lives on par with other rich people in their communities. To up lift the upper caste poor people why not implement creamy layer concept to these upper caste rich people? If we implement the same, these poor families can benefit for getting more seats in college admissions and more jobs in open category competition among forward castes. In the state of AP, all the rulers are upper caste people, it is easy to implement creamy layer concept to their own community people to help poorest among them, then only think about other communities. The Entire society will appreciate this. But, the state Government is not thinking in this aspect.
THERE IS BETRAY AGAINST BCS:-

From the above, it is suspecting that, there is betray by upper caste rulers behind the implementation of creamy layer to stop the growing awareness in BCs and not to give leadership to the poor communities. There are certain negative comments on implementation of reservations that they have to be pursued from positive sense. There is comment that BCs/SCs/STs are being selected as IAS, IPS, Engineers and doctors, their children are only being selected as Doctors and Engineers, and chances are not coming to new generations. So the certain reforms are needed in this aspect. It is not the solution of creamy layer linked economic limit reservations. A new system is to be formed to limit the people, those who avail reservations for one or two generations duly finding economic & social status of their families after using the reservations.
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It is not correct to implement creamy layer in to the poor communities, who have availed reservations only for 30 years, even they suffered from social disparity in all aspects for thousands of years. Hence, a review has to be conducted after 50 years on these reservations and depending up on the development of social status of these castes, the developed caste can be omitted from the reservations. The measurement of development should not be imagining, but it should be on ground realties. Why creamy layer is for education & jobs? Why not for politicians? These types of rules should also be implemented for upper caste rich people for over all development of society. After 62 years of Independence also, thousands of communities are not getting any single political post. Dont they need their share? Is creamy layer not required for Chief Ministers, Ministers, MPS, MLAs, Big Business people and upper caste rich people? So-many politicians are electing as MPs&MLAs and other nominated posts by spending crores of rupees in backdoor method. Is it safe to the country? Where is the debate on this type of important issues? This type of MLAs &MPs are playing vital rule in Assemblies & Parliament without knowledge on democratic system, scarifying and dedication nature of service towards society.Why, nobody is willing to search on this type of people? Why not objecting these thieves? Please think on this. For development of poor communities, government is implementing certain welfare schemes, to stop these, so many obstructions are creating in execution duly implementing wrong interpretations like creamy layer and negative arguments. What is this policy against Bcs?
PROVIDE OPPORTUNITIES FOR ALL CASTES:--

There is need to amend the constitution in favour of poor communities those who do not entered as MLAs & MPs to elect them as compulsory as like as recent compulsory educational amendment. Out of 3500 castes, 3450 castes have not entered in to the parliament and assembly. No poor OBCs (3450 castes) have got constitutional posts like Governors, Chief Justices of various high courts, Chief justice of supreme court, President of India and other nominated posts. In Supreme Court, 670 judges were appointed so far, but single judge has not appointed from OBCs.In future, it is sure that share shall be given to the poor communities in the national property as well as political power. All has to notice that, this struggle is for share in political and national wealth only, not for communal disputes among society.

R.Krishnaiah
Andhra Pradesh Backward Classes Welfare Association