Challenging the Creamy Layer: Former CJI Gavai Speaks on Affirmative Action Critique

Former Chief Justice of India B R Gavai defended his stance on applying the 'creamy layer' principle to Scheduled Castes during a lecture at Mumbai University. Emphasizing Ambedkar's vision of genuine social and economic justice, Gavai acknowledged criticism from his community but reiterated the importance of equitable affirmative action.

Former Chief Justice of India B R Gavai has come under fire from his own community for advocating the application of the 'creamy layer' principle to reservations for Scheduled Castes. During a lecture at Mumbai University, Gavai addressed these criticisms, emphasizing Dr. B R Ambedkar's views on affirmative action, likening it to providing a bicycle to those lagging behind.

Gavai, who recently retired, argued such equitable measures are vital for real social and economic justice rather than a mere formal gesture. The creamy layer principle, which surfaced through the Indra Sawhney vs. Union of India case, limits affirmative action benefits to those economically and socially ahead, despite belonging to backward communities.

The former CJI remarked on the positive role affirmative action has played over the past 75 years and highlighted Maharashtra's contribution as a hub of social reform, recalling visionaries like Jyotirao Phule and Savitribai Phule who pioneered educational opportunities for marginalized women.

(With inputs from agencies.)