CJI Gavai backs exclusion of creamy layer in reservation to scheduled castes
Amaravati, Nov 16 (PTI): Chief Justice of India BR Gavai on Sunday affirmed that he is still for exclusion of creamy layer in reservations to Scheduled Castes.
Addressing a programme "India and the Living Indian Constitution at 75 Years", Gavai opined that children of an IAS officer can not be equated with the offsprings of a poor agricultural laborer when it comes to reservations.
"I also went further and took a view that the concept of creamy layer, as has been found in the judgment of Indra Sawhney (vs Union of India & Others). What is applicable to the Other Backward Classes, should also be made applicable to Scheduled Castes, though my judgment has been widely criticised on that issue," Gavai said.
"But I still hold that judges are not supposed to normally justify their judgments, and I still have about a week to go (retirement)," Justice Gavai further said.
The CJI said over the years, equality or women empowerment is gaining momentum in the country and the the discrimination which was meted out to them was strongly criticized.
He said before he is set to end his journey as the Chief Justice in a couple of days, the last function that he attended happened to be again at Amaravati of Andhra Pradesh while the first one after becoming the CJI was at his native place Amravati in Maharashtra.
Justice Gavai observed in 2024 that states must evolve a policy for identifying the creamy layer even among the Scheduled Castes (SC) and Schedule Tribes (ST) and deny them the benefit of reservation.
Asserting that the Indian Constitution is not "static", Justice Gavai said Dr BR Ambedkar always considered that it has to be evolving, organic, and a state-of-the-art living document as Article 368 provides for the amendment of the Constitution.
"On one hand Dr Ambedkar was criticized that the powers to amend the Constitution are too liberal, and on the other hand, it was criticized that some of the amendments require ratification by half of the states, and two-third majority of the parliament, and it was difficult to achieve an amendment in this manner," he said.
According to him, DR Ambedkar’s addresses during the presentation of the draft Constitution in the Constituent Assembly are the most important speeches which every student of law should read.
Quoting Ambedkar he said equality without liberty will take away an incentive of a human being to excel in his life and liberty alone would lead to supremacy of the powerful over the weaker. The trinity of equality, liberty and fraternity would be necessary to take the country forward in achieving the social and economic justice.
He said it is because of the Constitution, India had two Presidents from among Scheduled Castes and also the incumbent is a woman from Scheduled Tribe.
"Coming from a humble background from a school, predominantly in a semi-slum area in Amravati, a municipal school, I could reach the highest office in the judiciary and contribute in my humble way to nation building only because of the Constitution of India,” Gavai said.
He said the Indian Constitution stands on the four pillars of justice, liberty, equality, and fraternity.
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Elephant calf brought from Bijnor kept under care at Pilibhit Tiger Reserve
Pilibhit (PTI): A 19-day-old elephant calf, brought from Bijnor, was placed under care at the Pilibhit Tiger Reserve (PTR) on Sunday, an official said and added that the calf got separated from its mother in the forest area of Bijnor.
The calf was born on December 2 in the Bijnor forest area and got separated from its mother shortly after birth, the official said.
The forest department made several attempts to reunite it with its mother, but without any success. To ensure the calf's safety and better care, it was decided to transfer it to the Pilibhit Tiger Reserve on the instructions of senior officials.
On Saturday, Deputy Director Manish Singh received the calf. Special arrangements have been made in the reserve for its care. It has been kept in a safe and clean environment to provide it with a natural setting and protect it from external noise and disturbances.
Singh told reporters that raising an 19-day-old calf is challenging.
It requires a special diet as a substitute for mother's milk and constant monitoring.
He said a special team has been formed to provide 24-hour care. Since the calf is very young, it is being cared for like a newborn baby.
According to Singh, the primary responsibility for monitoring the calf's health has been entrusted to PTR's veterinarian, Dr Daksh Gangwar. Under his supervision, a complete record of the calf's health checkups, diet, and body temperature is being maintained. The team is ensuring that the calf does not contract any infection.
