EWS reservation a mask to hide behind for upper caste: DMK in its review plea

"The 103rd Constitutional Amendment Act, 2019 has made the upper caste of the population eligible for easy exclusive luxurious reservations. The Constitution has given them a mask to hide behind the misleading term "Economically weaker sections," contended the plea filed by the DMK seeking to review the Supreme Court's order dated November 7.

New Delhi: The Dravida Munnetra Kazhagam (DMK) has filed a review petition in the Supreme Court against the constitution bench judgment upholding 10% reservation for the Economically Weaker Sections (EWS), thereby seeking an open-court hearing of the petition demanding a review of the top court's earlier order passed on November 7.

"The 103rd Constitutional Amendment Act, 2019 has made a large section of advanced classes viz upper caste of the population eligible for easy exclusive luxurious reservations. The Constitution has given them a mask to hide behind the misleading term "Economically weaker sections," contended the plea filed by the DMK seeking to review the Supreme Court's order dated November 7.

"It's a fact that they have not suffered social stigma nor discriminated against the society or kept away from jobs or from the mainstream. The constitutional amendment does not define the term "economically weaker sections"," the party further said in the review petition.

The constitutional amendment does not justify why economic criteria alone were considered for providing such reservations, it further argued, further opining that neither Article 46 nor the Constitution defines who are weaker sections.

The plea thus contends that the judgment has legitimized discrimination by opining that exclusion is vital for achieving desired results for a particular target group and has failed to consider that EWS was created by excluding similar economically weaker sections of SC, ST, and OBCs who have remained economically weak due to discrimination and oppression since years.

DMK, in the petition, further said the top court has committed an error apparent on the face of the record by holding that abolition of reservations will abolish the caste system and lead to an egalitarian society and stressed that "such a finding is not correct."

"The caste system is not in existence because of reservations but vice versa. The caste system is the most abhorrent, inhuman form of discrimination that classifies human beings because of the circumstances of their birth. In order to create a casteless society, one must abolish the caste system in toto, including caste names, caste identification, and caste practices. When a human being is not permitted inside a temple because of their caste, reservation is not to blame. When a person is murdered in the name of 'honor killing' for marrying outside his caste, it is not the fault of reservation," it said.

"Thus, to create a casteless society, one must battle caste itself, not affirmative action, among other legal grounds seeking review of an order of EWS Judgement, the DMK has stated the impugned judgment affects 133 crore population and has sought for 'open court hearing'," it contended.

When the amendment was brought out for EWS reservation, DMK had filed a petition against it then as well in the Madras High court which was ultimately transferred to the top court. After hearing the matter at length, the Supreme Court 5 judge bench led by the then CJI UU Lalit upheld the EWS reservation on November 7, 2022.