The Supreme Court on Aug. 21 sought the central government's reply on a request by Dalit Christians to amend the Constitutional Order 1950 (Scheduled Caste) in order to include them in the Scheduled Caste along with their counterparts among the Hindu, Sikh and Buddhist communities.
A bench consisting Chief Justice J S Khehar and D Y Chandrachud sent a notice to the center on the plea filed by All India Catholic Union challenging the legitimacy of paragraph 3 of the Constitution (Scheduled Caste) Order, 1950, which says no person who professes a religion different from Hindus, Sikhs or Buddhists shall be deemed to be a member of a Scheduled Caste.
The members of Scheduled Caste according to the Constitutional Order include Dalit Hindus, Sikhs and Buddhists but exclude Dalit Muslims and Christians.
Christians in India had observed Aug. 10 as 'Black Day' and staged protests nationwide seeking inclusion of Dalit Christians in the Scheduled Caste category.
Advocate Jose P I had filed the plea which questions the exclusion of Dalit Christians from Scheduled Caste category. It also stated that the category must exclude only the persons who were no more socially and educationally backward.
The plea has sought to include Dalit Christians in the Scheduled Caste category permitting them to gain benefits of reservation under the constitution.
"The exclusion as per 1950 SC Order ought to have been only of those persons who are no more socio-educationally backward and it may be appropriate to treat as a different class of persons who has taken a religion other than Hinduism as their profession by joining any of its religious congregations for they have gained in education as well as social status," read the plea.
"It may be mentioned that by amendment Act 63 of 1956, persons professing Sikh religion was included in Para 3 after Kalelkar Commission in 1955 submitted its report according to which persons professing Sikh religion were found to be backward. However the benefit was not given to Christians," it continued.
"Because the advantage of gaining, or the disadvantage of losing, the benefits specially provided to members of a Scheduled Caste through various reservation and other laws/ policies of the Government to a Christian of SC origin upon 'Ghar Vapasi' or to a Hindu of SC origin upon deciding to profess Christian religion, respectively, under the 1950 (SC) Order by itself is not only discrimination but also amounts to granting of a special privilege by the State to the preferred Hindu religion," it added.
On the approval from the center, the discrimination that existed for the last 67 years will come to an end. The cry for the rights of Dalit Christians will be answered.
