Top court notice to Centre on PIL seeking SC status for Dalit Christians

Tribune News Service

New Delhi, January 8

Should Dalits converting to Christianity be extended the benefit of reservation meant for Scheduled Castes?

The Supreme Court on Wednesday issued notice to the Centre on a petition seeking caste-based reservation for Dalit Christians. Petitioner National Council of Dalit Christians contended that change of religion did not end discrimination against lower castes and that caste discrimination prevails in Christianity. The Scheduled Castes community should be made religion neutral, it contended.

A Bench headed by Chief Justice of India SA Bobde issued notice to the Ministry of Social Justice and Empowerment, National Commission for Scheduled Castes, National Commission for Minorities and Registrar General of India asking them to respond two weeks. The petition will now be taken up with a similar matter pending for over a decade.

The Scheduled Castes community should be made religion neutral, the petitioner contended

As the CJI said the same argument can be made about Dalit-Muslims, one of the advocates suggested that the issue should be referred to a larger Bench. The CJI assured that the matter would be taken up as soon as possible.

Contending that paragraph three of the Constitution (Scheduled Castes) Order, 1950 restricts Christians of Scheduled Castes origin from availing the Scheduled Castes status, the petitioner submitted that the restriction went against the fundamental right to equality, religious freedom and non-discrimination guaranteed under the Constitution.

“Allow and extend the Scheduled Castes status to Christians of Scheduled Castes Origin for availing special privilege in education, scholarships, employment, welfare measures, panchayat elections, legislative assemblies up to Indian Parliament and for availing the legal remedy/protection under Scheduled Castes and Scheduled Tribes (Prevention) of Atrocities Act, 1989 amended in the year 2018,” the plea said.

A Scheduled Caste person professing a religion different from Hinduism, Sikhism and Buddhism cannot be deprived of the benefit of Paragraph 3 of the Constitution (Scheduled Castes) Order, 1950, the petition contended.

The plea said change in religion does not change social exclusion and caste hierarchy continues to hold fort within Christianity even though the religion forbids it.