Hello World,
The wrongful interpretation is an act based on deliberate intention. Justices, that too, in the Supreme Court, are not individuals who could fall for semantics. Despite knowing that reservation is for proportional representation and the nation is yet to have a caste census done, they are enforcing intra-category segregation. Wealth does not change caste identities or associated segregation. Despite full knowledge of this, Justices of the Supreme Court are enforcing creamy layer concept. Letting go of the the injustices from Misra and Gogoi has brought the nation to this point now.
The Justices who openly act against the citizens welfare and natural justice get to live a full life and access natural death.
They also get compensated with positions of power.
The reverse not happening is the root cause for this deliberate misinterpretation of the constitution.
They are playing in sync with the hindutva propaganda. They are leveraging their discretionary powers for unfair personal motives which renders them unfit to be part of the judiciary.
There will be consequences. When the law doesn't hold the justices accountable, something else will.
It is imperative at this juncture to better understand the motive behind the term - CREAMY LAYER.
The purpose of the term is to create, maintain and expand the Dalit-OBC divide in the country. That purpose has its roots in the hindutva propaganda. CREAMY LAYER is a mere term introduced in the legal lingo to deactivate reservation. The heuristics behind this, however, is that of the caste superiority complex that is being neglected by the natives of this land. That caste superiority complex is demonstrated by the descendants of the Aryan migrants in our country.
Listen to this bit from a hindutva sermon:
The preacher says if you quarrel with or argue against a brahman, remember, the brahman will not fight you but will make you fight such a power that 7 generations after you will perish in that fight. Brahman does not fight but he will make you fight others.
Now, the descendants of the Aryan migrants will say that there is no such thing as Aryans. This is a common right wing rebuttal in the South. In the North, for many years they have been claiming the Aryan identity blending it with the lie that they are natives of this land. A native of any land will never have to claim his/her nativity. The migrants alone have to claim nativity as that is their means to seep into the society they have now migrated into.
To clarify, here's what their favorite Savarkar has written:
Now, coming back to the point of the Aryan migrants and their descendants wanting to rule over the natives, they clearly have been playing the dive-and-rule card all along. The Dalit and OBC classification themselves are proof of this. These identities wouldn't have evolved if the Aryan varnavyavastha had not been implemented in our society.
Dalits and OBC's have their respective identities because of the landless Aryans who migrated to our lands. It is their Aryan religious philosophy that has built the social construct where the real natives of the land have been segregated. The segregation has caused an intra-native rivalry and reservation, which by design aims to deactivate the Aryan segmentation and unite the natives through equitable access to opportunities via proportional representation.
The current descendants of the Aryan migrants therefore, spin the definition of reservation and create contempt within the natives leveraging the OBC/Dalit identities in the name of god. All they are aiming for is to maintain the state of OBC mentality that they are losing opportunities to the Dalits. They also repackage the same fake news to promote the idea of denying reservation for some as a means for the others to gain the same.
When someone misses out on critical early education and skip out of school, reserving college seats and executive jobs for them will remain insignificant. Implementing reservation needs careful planning to bring in the excluded groups within all categories. Denying others reservation has nothing to do with bringing in those who are left out.
The descendants of the Aryan migrants will not let the natives realize this. The sustainable solution begins with the campaign on the reservation system explaining its benefits and how it aims to enable all the natives come out of the Aryan social construct.
The habit of believing in god and choosing to stay away from critiquing the Aryan social construct is the only problem. Once the natives of this country acknowledge it, the rest will fall in place.
Humans evolved. Their need for communication evolved leading to the natural evolution of languages. Once the humans started coding their messages for passive communication, they noticed the opportunity to create using their respective coded languages. This evolved as an art form and many pieces of creative compositions were published. Some became so popular that masses started following them, revering the prime characters as their gods. This is the fact behind any religious scripture. We were here. Religion and caste came to us through our own creative compositions such as shastra/vedas etc. Nobody created us. We created the imaginary characters. the imaginary characters stand as the authority symbol of castes in our society. We need to get what was taken away on the basis of caste and therefore the same caste is the reference for it. Remember brahman is brahman in varna and caste. Everyone has a different caste identity being clubbed under other varna titles. It is not impossible to identify the culprit here.
When shastra is the source of our problems, we have use the same shastra to solve them as well. One term appropriately used in the mandates given in the shastra, stands as the harbinger of the ultimate sustainable solution - brahmahathya.
Good sense will prevail.
Here is Supreme Court lawyer Sourabh Rai sharing his critique citing key statements made by the constitutional bench in the judgement:
Best regards,