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Synopsis

The Supreme Court on Wednesday said that it will first look into whether it needs to await the report of the new Commission headed by Justice KG Balakrishnan on the issue of Caste Reservation eligibility for Hindu converts to Islam & Christianity or proceed on existing material available in a plea that challenged the "limited Scheduled Caste status" guaranteed solely to Hindus, Sikhs, and Buddhists. The order has been passed after the Central Government informed Supreme Court that it has decided not to accept the Ranganathan Commission report on the issue.

A bench of Justice SK Kaul, Justice Abhay S Oka and Justice Vikram Nath has listed the matter for January 2023. The bench was hearing a writ petition filed by the Centre for Public Interest Litigation and National Council of Dalit Christians (NCDC) which seeks for the quotas to be made religion-neutral so that Dalit Muslims and Christians can also benefit from the reservation.

According to the petitioner(s), scheduled caste status is limited to only those persons who belong to Hindu, Sikh or Buddhist religions in terms of a Constitution Order and does not include Dalit Christians or Christians of Scheduled Castes origin, thereby denying them the same quota benefits reserved for Scheduled Castes.

Today, the Central Government informed Supreme Court that it has decided not to accept the Ranganathan Commission report & instead has appointed a new commission headed by Justice KG Balakrishnan (vol. the commission recommended the inclusion of Muslim and Christian Dalits in the Scheduled Caste lists).

Advocate Prashant Bhushan appearing for the petitioner(s) informed the bench that the inclusion of Buddhist and Sikh Converts exists in Caste reservation eligibility but not others. “These religions may not have a caste system in theory but they too face discrimination,” he added.

It was on January 8, 2020, that the Supreme Court issued notice in the petition by the NCDC stating that the issue may require consideration.

“Allow and extend the Scheduled Caste status to Christians of Scheduled Caste origin for availing special privilege in education, getting scholarships, employment opportunity, welfare measures, affirmative actions, right to contest in the reserved constituencies from the panchayat, legislative assemblies up to the Parliament and for availing the legal remedy/ protection under Scheduled Castes and Scheduled Tribes (Prevention) of Atrocities Act, 1989 amended in the year 2018," the plea(s) have stated.

It is the contention of the petitioner(s) that Constitution (Scheduled Castes) Order, 1950 restricts Christians of Scheduled Castes origin from availing the Scheduled Castes status and that this restriction is against the fundamental right to equality, religious freedom and non-discrimination.

Case Title: Centre for Public Interest Litigation Vs. UOI | NCDC Vs. UOI