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Paragraph three of the Constitution (Scheduled Castes) Order, 1950 restricts Hindu converts who are not Sikhs and Buddhists of Scheduled Castes origin from availing the Scheduled Castes status. The plea(s) in Supreme Court challenge this on account of being against "fundamental right to equality, religious freedom and non-discrimination"
The Supreme Court on Tuesday sought the Centre's response in a plea which challenged the "limited Scheduled Caste status" guaranteed solely to Hindus, Sikhs and Buddhists. 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.
The bench of Justice DY Chandrachud, Hima Kohli & PS Narasimha was hearing a writ petition filed by the Centre for Public Interest Litigation and National Council of Dalit Christians (NCDC) which seeks for the quota's to be made religion neutral so that Dalit Muslims and Christians can also benefit from the reservation.
Advocate Prashant Bhushan appearing for the petitioner submitted that if the Dalit Christians and Dalit Hindus are also provided the reservation, then the Dalit Christians, who are usually better educated, corner the recruitment?
The bench has sought for Centre's response within 3 weeks and allowed time to the other party response within 1 week thereafter.
It was on January 8, 2020 that the Supreme Court issued notice to 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 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
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