SC STATUS TO DALIT CONVERTS - POLITY

News: Govt. committed to providing all facilities to Panel for SC status to Dalit converts

 

What's in the news?

  “The government is fully committed to providing all the facilities to enable the Commission to function effectively,” Social Justice Minister Virendra Kumar told the Lok Sabha when asked about the functioning of the Commission of Inquiry to examine the Scheduled Caste status of Dalit Christians and Muslims.

 

Key takeaways:

       Currently, the Constitution (Scheduled Castes) Order, 1950 provides that only Dalits of Hindu, Sikh, and Buddhist faiths are entitled to be categorized as SC.

 

Balakrishnan Panel:

       The Union Government has set up a three-member Commission for Inquiry to look into giving Scheduled Castes status to Dalits who have converted to any religion other than Sikhism or Buddhism.

       The Commission will be headed by former Chief Justice K.G. Balakrishnan and will have as its members UGC member Prof. Sushma Yadav, and retired IAS officer Ravinder Kumar Jain.

       The Government has set a time of two years for the Commission to submit its report.

 

Working of the Commission:

       The Commission will also examine the changes Scheduled Caste persons go through on converting to other religions in terms of their customs, traditions, social and other status discrimination and deprivation, and the implication of the same on the question of giving them Scheduled Caste status.

 

Petition in SC:

       Recently, the Supreme Court sought the most recent position of the Union Government on a batch of petitions challenging the Constitution (Scheduled Castes) Order of 1950, which allows only members of Hindu, Sikh and Buddhist religions to be recognized as SCs.

       The petitions arguing for inclusion have cited several independent Commission reports that have documented the existence of caste and caste inequalities among Indian Christians and Indian Muslims, noting that even after conversion, members who were originally from SCs continued to experience the same social disabilities.

       The closest a government got to including Dalit Christians as SCs came in March, 1996, when based on a recommendation of the then Ministry of Welfare, the P.V. Narsimha Rao government first brought a Bill to amend the Constitution (Scheduled Castes) Order accordingly. However, the Bill could not be passed.

 

Go back to basics:

       The petitions challenging the religion criterion for inclusion have cited several independent commission reports since the First Backward Classes Commission headed by Kaka Kalelkar in 1955 that have documented the existence of caste and caste discrimination among Indian Christians and Indian Muslims, concluding that Dalit converts continued to face the same social disabilities even after leaving the Hindu fold.

       These include the Report of the Committee on Untouchability Economic and Educational Development of the Scheduled Castes in 1969, the HPP report on SCs, STs, and Minorities in 1983, the Ranganath Mishra Commission Report, among others.

       Currently, the Constitution (Scheduled Castes) Order, 1950 provides for only those belonging to Hindu, Sikh or Buddhist communities to be categorized as SCs.

       When enacted, the Order only allowed for Hindu communities to be classified as SCs based on the social disabilities and discrimination they faced due to untouchability. It was amended in 1956 to include Sikh communities and again in 1990 to include Buddhist communities as SCs.

       The Union Government had also said in the 2019 affidavit that Dalit Buddhists cannot be compared to Dalits who converted to Islam or Christianity because in case of the former, conversions were voluntary “on account of some innate socio-political imperatives” and in case of the latter, the conversions might have taken place “on account of other factors”.

       Justice Ranganath Misra Commission:

       The 2007 report of the Justice Ranganath Misra Commission for Religious and Linguistic Minorities, which recommended that Dalits who converted to Islam and Christianity to escape caste oppression in the Hindu religion should be permitted to avail of Scheduled Caste (SC) reservation benefits in government jobs and educational institutions.