The criterion for Schedule Caste status

The criterion for Schedule Caste status

• Recently, the Supreme Court requested the government's opinion on petitions contesting the Constitution (Scheduled Castes) Order of 1950, which restricts Schedule Caste recognition to the Hindu, Sikh, and Buddhist religions.

About the Petition

• Many independent Commission findings that have established the presence of caste and caste inequities among Indian Christians and Indian Muslims are highlighted in the petitions calling for the inclusion of Dalit Christians and Muslims.
• The petitions have argued against the idea that caste identity is lost upon conversion, pointing out that despite the absence of casteism in Sikhism and Buddhism, these religions have nonetheless been included in the SC category.
• The petitions make the case that caste-based prejudice persists even after conversion, making these communities eligible for SC status by citing numerous reports and commissions.

Who is covered by the 1950 Constitution Order?

• The Constitution (Scheduled Castes) Order of 1950, which was enacted to remedy the social disadvantage caused by the practice of untouchability, initially only allowed Hindus to be recognised as belonging to the SCs.
• Dalits who converted to Sikhism were included in the Order in 1956, and Dalits who converted to Buddhism were included in the Order once more in 1990.
• The Kaka Kalelkar Commission report from 1955 and the High-Powered Panel (HPP) on Minorities, Scheduled Castes, and Scheduled Tribes report from 1983 provided support for both modifications.
• In 2019, the Union government rejected the idea that Dalit Christians may join SCs, citing a 1936 Imperial Order issued by the colonial government, which had first categorised a list of the Depressed Classes and notably left out "Indian Christians."
• The Office of the Registrar General of India (RGI), which underlined that untouchability was common in Hindu and Sikh groups, had warned the government that Schedule Caste (SC) classification is intended for populations suffering from societal disadvantages brought on by the practice.
• It also mentioned how a move like that would greatly increase the number of SCs nationwide.
• As with Dalits who converted to Buddhism, RGI noted in 1978, Dalits who converted to Islam or Christianity belonged to multiple caste groupings, not just one. As a result, they cannot be classified as a "single ethnic group," as required by Clause (2) of Article 341 for inclusion.
• Additionally, according to the RGI, since the practice of "untouchability" is a component of the Hindu religion and its branches, including Dalit Muslims and Dalit Christians as SCs, could lead to India being "misunderstood internationally" as trying to "impose its caste system" upon Christians and Muslims.
• In addition, the 2001 statement noted that Dalit Christians and Muslims who converted had lost their caste identity and that untouchability was not practised in their new religious communities.
• Government position:
• In 2019, the Union cabinet rejected the idea of allowing Dalit Christians to join SCs.
• The "Indian Christians" were deliberately left off of the list of the Depressed Classes by the Imperial Order of 1936.

What justifies a reservation that is not based on a person's religion?

• Social exclusion remains unchanged by changes in religion.
• Despite the fact that both Christianity and Islam ban it, social hierarchy, and in particular caste hierarchy, persists.
• The reservation needs to be separated from religion in light of the aforementioned scenario.

Has the government thought about this problem before?

• The government first attempted to alter the Constitution (Scheduled Castes) Order in 1996, however, the bill was unsuccessful.
• Within a few days, the government made an attempt to incorporate Dalit Christians as SCs through an Ordinance that was delivered to the Indian President but was unable to be put into effect.
• In order to determine if Dalit Christians may be included, the Atal Bihar Vajpayee administration asked the Office of the RGI and the previous National Commission for Scheduled Castes and Scheduled Tribes for their opinions in 2000. Both had given their advice to reject the proposal.
• Aside from this, numerous attempts that were periodically made all failed.

Registrar General of India:

• Under the Ministry of Home Affairs, was founded in 1949.
• To provide an organized database of statistics on population number, growth, etc.
• Later, this office was given the task of putting the Registration of Births and Deaths Act, of 1969 into effect throughout the nation.
• It coordinates, carries out, and evaluates the findings of India's demographic surveys, such as the Census of India and the Linguistic Survey of India.

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