The Constitution (Scheduled Castes) Order of 1950, amended in 1956 & 1990, is a benchmark in regulating the recognition of Scheduled Castes (SCs) in India. These regulation benefits are strictly made available to Hindus, Sikhs, and Buddhists alone. However, recently, the Supreme Court has requested the government’s stance on petitions challenging the document’s constraints.
Petition for Inclusion: Dalit Christians and Muslims
The petitions particularly highlight the need for the inclusion of Dalit Christians and Muslims into SCs. Various independent Commission reports substantiating the presence of caste and related inequalities among these religious communities support this demand. The main argument emphasizes that caste-based discrimination persists even post conversion, thereby justifying their claim to SC status.
The Constitution Order of 1950: Who’s Included?
The Constitution (Scheduled Castes) Order of 1950 was initially enacted to address social disabilities due to untouchability. It recognised only Hindus as SCs with some exceptions, but it was later amended to include Dalits who had converted to Sikhism and Buddhism. The Union Government in 2019, however, ruled out including Dalit Christians as SC members, basing its decision on a 1936 Imperial Order.
Dalit Christians: A Case of Exclusion
The Registrar General of India (RGI) advised the government that granting SC status to Dalit Christians could significantly increase the country’s SC population, potentially causing socio-political imbalance. Furthermore, RGI suggested that designating Dalit Muslims and Christians as SCs could be internationally misinterpreted as India enforcing its caste system upon these religious communities.
The Argument for Religion-neutral Reservations
Proponents of religion-neutral reservations argue that changing one’s religion does not eliminate social ostracization. They argue that the caste hierarchy continues to exist within Christianity and Islam, even though these religions formally prohibit it. The essential argument is the need for delinking reservation from religion.
Past Considerations of the Issue
The government has considered the issue in the past. In 1996, a bill proposing an amendment to the Constitution (Scheduled Castes) Order to include Dalit Christians as SCs was brought to attention, but it failed to pass. Subsequent attempts have also been unsuccessful.
Constitutional Provisions for SC Upliftment
Various Articles in the Indian Constitution cater to the advancement and protection of SCs. Article 15(4), 16(4A), and 17 provide for special provisions for their progress, abolition of untouchability and reservation in matters of state services. Article 46, 335, 330, and 332 deal with promoting special care for the educational and economic interests of SCs and STs, considering their claims while making appointments to services and posts, and providing seat reservations in the House of the People and in the State. Finally, under Part IX and Part IXA of the Constitution, reservation for SC and ST in local bodies is envisaged and provided.
