AMN WEB DESK
The Supreme Court on Tuesday, August 30 asked the Union government to clarify its stand on whether reservation benefits enjoyed by Scheduled Castes can be extended to Dalits even after they converted to Islam, Christianity, Buddhism or any religion apart from Hindu.
The apex court gave the Centre three weeks to place its stand on a plea seeking extension of reservation benefits to people from Dalit communities who convert to Islam and Christianity.
“Learned Solicitor General submits that he would like to place on record the current position/stand on the issue in question which deals with the prayer for extension of claim of reservation from Dalit communities to other religions other than the ones specified. On his request, three weeks’ time is granted,” a three-judge bench presided by Justice S K Kaul, and comprising Justices Abhay S Oka and Vikaram Nath, said after examining a batch of pending petitions.
Appearing for the Centre, Solicitor General Tushar Mehta said the broad question is, “Would a Dalit, after being converted into Christianity, voluntarily or involuntarily…still continue to get the benefits of a Dalit because generally the conversion is to ensure that some ill-effects of being a Dalit is taken away.”
Appearing for the NGO Centre for Public Interest Litigation (CPIL), which has also filed a petition on the issue, advocate Prashant Bhushan told the bench that the plea raises the prayer that ‘The Constitution (Scheduled Castes) Order of 1950, which was amended to say that only Hindus, Buddhists and Sikhs will be considered to be Scheduled Castes, is unconstitutional, as it discriminates on ground of religion”.
Bhsuhan said the Justice Ranganath Mishra Commission report, which went into the question, said Dalits in other religions also suffer the same disabilities as Dalit Hindus. The Scheduled Castes and Scheduled Tribes Commission went into the issue subsequently and said it is discriminatory.
To support their case, Advocate Prashant Bhushan appearing on behalf of the petitioner referred to the 2007 report submitted by National Commission for Religious and Linguistic Minorities, under the chairpersonship of retired CJI Ranganath Mishra which had found merit for granting Scheduled Caste status to Dalit Christians. It brought to the Court’s attention how the report had suggested a sub-reservation.
Speaking of reservation within reservation, Justice Kaul reportedly remarked, “Reservation within reservation. Then the issue would be, can it apply. In the OBC category it has been done but whether it can be done in the SC category will be another question of law.”
However, Solicitor General Tushar Mehta argued that there won’t be any requirement to extend reservation after the conversion as the conversion is done to ensure the ill effects of being a Dalit are taken away. Therefore, in his opinion Dalit after converting to other religions should not continue to get benefits available for the Schedule Caste community.
Speaking of the report by Ranganathan Commission, SG Mehta informed the Court that the Government of the day does not accept the recommendation of the Commission on the ground that it has not taken into consideration several factors, reported LiveLaw. To which Justice Kaul enquired, “When was affidavit filed that you do not accept the Commission report? Was it in the last 7-8 years or before that?”
SG Mehta responded stating that he is not aware of any such affidavit and then sought a few weeks’ time to file an affidavit stating the government’s stand on the issue.
Accordingly, the matter has been listed on October 11, 2022.