Central government opposes plea in Supreme Court seeking Scheduled Caste benefits for Dalit converts to Christianity, Islam

The Central government has told the Supreme Court that there is no authentic data to suggest that Dalit Christians or Muslims have suffered the same oppressive environment like Dalit Hindus and, hence, cannot claim benefits which Scheduled Castes are entitled to [CPIL vs Union of India]..Therefore, the Constitution (Scheduled Castes) Order of 1950, which provides for Scheduled Caste status to only communities belonging to Hindu, Buddhist or Sikh religion is not unconstitutional, the Centre submitted before the apex court."There no authentic data to suggest that the oppressive environment which existed in Hindu society for hundreds of years qua scheduled castes also existed in Christian or Islamic society," an affidavit filed by Centre said.The affidavit was filed in response to a plea seeking extension of reservation and other benefits to people from Dalit communities who convert to Islam and Christianity.The plea was filed stating that Justice Ranganath Mishra Commission report, which went into the question, had said that Dalits in other religions also suffer the same disabilities as Dalit Hindus.The Scheduled Castes and Scheduled Tribes Commission had also expressed similar opinion, the petition said.A bench of Justices SK Kaul, Abhay S Oka and Vikram Nath, had sought the response of the government to the petition pursuant to which the present affidavit was filed.The affidavit filed by Ministry of Social Justice and Empowerment stated that 1950 order does not suffer from any unconstitutionality since the exclusion of Christianity or Islam was there because the system of untouchability which leads to economic and social backwardness of some Hindu caste was not prevalent in Christian or Islamic society.."There is no documented research and precise authentic information available to establish that the disabilities and handicaps suffered by the SC members in the social order of its origin Hinduism with their oppressive severity in the environment of Christianity or Islam," the affidavit said..It also pointed out that the Christians and Muslims are entitled to not only 27 percent other backward class (OBC) reservation but also benefits under development schemes for OBCs like post matric scholarship, hostels, and other income generating activities undertaken by the national backward classes finance and development corporation..The reply by the Ministry of Social Justice also said that the scheduled caste converts to Christianity and Islam are also entitled to benefits of schemes and programs being implemented by the government for the minorities..The Centre also clarified that it has appointed a three-member commission to consider the inclusion of Dalit Muslims and Dalit Christians as Scheduled Castes (SCs) and that the petitioners should await the report of the commission since it will study if the Dalit Muslims or Christians indeed suffer from the same degree of severity of oppressiveness.