The criterion for SC status

GS paper 2

Syllabus: Parliament-Structure, functioning and conduct of business, institutions and bodies for the protection of vulnerable sections of society etc

 

Source: The Hindu

Context:

The Supreme Court has sought the position of the government on a petition challenging the Constitution (Scheduled Castes) Order of 1950 and including Dalit Christian under SC.

 

Who is included in the Constitution Order of 1950?

• The Constitution (Scheduled Castes) Order of 1950: recognised only Hindus as SCs.
• Amendment 1956 and 1990:
  • Included Dalits who had converted to Sikhism(1956)
  • Included Dalits who had converted to Buddhism(1990).
  • Both amendments were aided by the reports of:
    • Kaka Kalelkar Commission in 1955
    • High Powered Panel (HPP) on Minorities, SC/ST in 1983.

 

Government’s stand:

• Union government: In 2019 rejected the possibility of including Dalit Christians as members of SCs.
• Imperial Order of 1936: Classified a list of the Depressed Classes and specifically excluded “Indian Christians” from it.

 

Why are Dalit Christians excluded?

• The practice of “untouchability: It was a feature of the Hindu religion and its branches, not Islam or Christianity.
• The Registrar General of India: It had cautioned the government that SC status is meant for communities suffering from social disabilities arising out of the practice of untouchability.
• A mandate in rules for inclusion: It was framed in 1999 and requires RGI approval.
  • Amendment to include Buddhist converts as SCs was passed in 1990.
• Clause (2) of Article 341 for inclusion: Dalits who converted to Islam or Christianity belonged to different caste groups, as a result of which they cannot be categorised as a “single ethnic group(required for inclusion)”.

 

Case for inclusion:

• Several Independent Commission reports: They have documented the existence of caste and caste inequalities among Indian Christians and Indian Muslims.
• Casteism: Even in Sikhism and Buddhism, casteism is not present and yet they have been included as SCs.
• Advocate representing Dalit Christian bodies: Empirical evidence did not exist for including Sikh or Buddhist converts either and yet they were included as SCs.

 

Registrar General of India:

• Established in 1949 under the Ministry of Home Affairs.
• To develop a systematic collection of statistics on the size of the population, its growth, etc.
• Later, this office was also entrusted with the responsibility of implementing of Registration of Births and Deaths Act, 1969 in the country.
• It arranges, conducts and analyses the results of the demographic surveys of India including the Census of India and Linguistic Survey of India.

 

Insta Links:

Scheduled Caste

National Commission for Scheduled Castes

 

Mains Links:

Q. Whether the National Commission for Scheduled Castes (NCSC) can enforce the implementation of constitutional reservation for the Scheduled Castes in religious minority institutions. Examine. (UPSC 2018)

 

Prelims Links:

• National Commission for Scheduled Castes (NCSC)
• Registrar General of India
• Article 341
• Minorities
• Kaka Kalelkar Commission