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Synopsis

In the plea seeking reservation benefits to converted Dalit Christians, an intervention application has been filed by a Christian woman stating that the issue has not only country-wide repercussions but also direct negative impact on the core religious beliefs of the Christian community.

The benefits sought by the petitions have been termed to be an upfront assault on the very existence of Christian religion and nothing short of a sin.

Supreme Court has been further informed that if the petition is accepted, it would create a societal imbalance raising similar demands from various groups within the Christain community, and the "Dalit Christian" community coming into being would be akin to re-writing the Holy Bible, which can only be done by God himself and no mortal human being.

It if further the applicants case that ‘caste’ in the term Scheduled Castes is intrinsically intertwined with the varna system and extending it to religions like-Christianity, which are completely alien to the concept of varna-system, will be akin to meddling into the Affairs of Christianity.

"Being a Christian, the applicant is uniquely placed to assist this Hon’ble Court in explaining the fundamental tenets of equality espoused in the Christian religious doctrine as well as the negative impact and tinkering with the core religious beliefs of the Christian community, which would occur if a section of the Christian community is recognized as Dalit by this Hon’ble Court", the application submits.

Referring to Galatians 3:28; Romans 10:12; Colossians 3:9-11, Acts 10:34, Romans 2:11 of the Holy Bible, Court has been told that all human beings are equal and nobody can be treated differently.

Notably, writ petitions have been filed by the Centre for Public Interest Litigation and National Council of Dalit Christians (NCDC) which seek quotas to be made religion-neutral so that Dalit Muslims and Christians can also benefit from the reservation.

In December last year, the Supreme Court had 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. 

Recently, the Central Government had 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).

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.

“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