Former CJI Gavai faces backlash from community over creamy layer principle advocacy

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Former Chief Justice of India B.R. Gavai recently addressed criticism he received from his own community regarding his endorsement of the creamy layer principle in reservation for Scheduled Castes. During a lecture at Mumbai University, he reflected on Dr. B.R. Ambedkar’s perspective on affirmative action, likening it to providing a bicycle to those left behind. Gavai argued that Ambedkar did not intend for individuals to remain dependent on support indefinitely, emphasizing the need for genuine social and economic justice.

Gavai referenced the Indra Sawhney case, which established the creamy layer principle, and reiterated his stance that it should apply to Scheduled Castes as well. This principle asserts that those who are economically and socially advanced should not benefit from affirmative action, even if they belong to a backward community. Despite facing backlash for his views, Gavai clarified that there is no reservation for positions such as High Court or Supreme Court judges, countering accusations that he benefited from reservation while advocating for exclusions.

He posed a thought-provoking question about equality, comparing the sons of high-ranking officials with those from less privileged backgrounds. Gavai acknowledged the positive impact of affirmative action over the past 75 years, citing numerous examples of individuals from Scheduled Castes achieving significant positions in society. He also celebrated Maharashtra’s rich history of social reformers, highlighting the contributions of Jyotirao and Savitribai Phule in advancing education and addressing societal inequalities, particularly for women.