Centre opposes Scheduled Caste status for Dalit Christians; 'Untouchability not prevalent'

In an affidavit filed before the Supreme Court, the Union government opposed granting Scheduled Caste status to Dalits who have converted to Christianity. Multiple petitioners including the Centre for Public Interest Litigation contended that the Constitution (Scheduled Caste) order is violative of Articles 14 and 15 of the Constitution because it discriminates against SC converts to religions other than Sikhs and Buddhists. They also sought the denial of benefits to Dalit Christians in respect of reservations in jobs, political reservations and other benefits be declared unconstitutional.

To begin with, the Centre submitted that the report of the Justice Ranganath Mishra Commission is flawed as it bases its findings without conducting any field studies. It also pointed out that the SC converts to Christianity have been included in the list of OBCs in the states of Andhra Pradesh, Assam, Bihar, Gujarat, Karnataka, Kerala, Madhya Pradesh, Maharashtra, Odisha, Punjab, Tamil Nadu, West Bengal, Chhattisgarh, Jharkhand, Chandigarh, Daman and Diu and Puducherry. Thus, they are getting benefits to which the OBCs are entitled. 

It added that Dalit Christians cannot claim to be backward since backwardness based on untouchability exists only in Hindu society. The affidavit noted, "The Constitution (Scheduled Caste) order, 1950 was based on historical data which clearly established that no such backwardness or oppression was ever faced by members of Christian or Islamic society. In fact, one of the reasons for which people from the Scheduled Castes have been converting to religions like Islam or Christianity is so that they can come out of the oppressive system of untouchability which is not prevalent at all in Christianity or Islam". 

Centre forms committee

Earlier on October 7, the Centre formed a commission to examine the possibility of according SC status to Dalits who have converted to religions other than Sikhism and Buddhism. The notification issued by the Social Justice and Empowerment Ministry in the Gazette mentioned that certain persons, who have historically suffered social inequality, discrimination and the consequent backwardness, have been declared to be SCs by Presidential orders. However, there has been a demand to revisit the existing definition of SC by including converts to other religions such as Islam and Christianity. 

The Union government acknowledged that this is a seminal and historically complex sociological and constitutional question and a matter of public importance. Taking into account the sensitivity and the potential repercussions, it reasoned that any change in the definition of SC must be based on a definitive study and extensive consultation with all stakeholders. The panel formed under the Commissions of Inquiry Act will be headed by former CJI KG Balakrishnan with retired IAS officer Ravinder Kumar Jain and UGC member Sushma Yadav as its members. Headquartered in Delhi, the commission will have to submit its report within two years.