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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

With reference to National Commission for Scheduled Castes (NCSC), consider the following statements;

  1. It is a statutory body that works to safeguard the interests of the scheduled castes (SC) in India.
  2. The Commission has powers to set up special courts for the speedy trial of offences under the Civil Rights Act.

Which of the statements given above is/are correct?

a. 1 only

b. 2 only

c. Both 1 and 2

d. Neither 1 nor 2

Ans: (b)

Justification:

  • National Commission for Scheduled Castes (NCSC) is a constitutional body that works to safeguard the interests of the scheduled castes (SC) in India.
  • Article 338 of the constitution of India deals with this commission.
  • A key monitoring activity performed by the Commission pertains to the setting up of special courts for the speedy trial of offences under the Civil Rights Act and the Atrocities Act.