The Constitution (SC) Order 1950 paragraph 3 issued under Article 341 of the Constitution is religion based, which says, “Notwithstanding anything contained in paragraph 2, no person who professes a religion different from the Hindu, the Sikh or the Buddhist religion shall be deemed to be a member of a Schedule Caste.” Article 341 (1) says as follows, “the President may with respect to any State or Union territory, and where it is a State after consultation with the Governor thereof, by public notification, specify the castes, races or tribes or parts of or groups within castes, races or tribes which shall for the purposes of this Constitution be deemed to be Scheduled Castes in relation to that State or Union territory, as the case may be.”
Since there is no provision for the existence of the word “religion” in Article 341 (1), the religious ban of the paragraph 3 of the Constitution Scheduled Castes order 1950 should be deleted. Religion is not the joint criteria for giving Scheduled Castes special privilege to any community, in the same way religion should not be a criterion for denying Scheduled Castes status to any community. In the case of Scheduled Tribe and Backward Class status, religion is not a criterion.
The main reason for the denial of Scheduled Castes privilege to Christians and Muslims of Scheduled Castes Origin is as follows, “both Christianity and Islam are historically foreign religions and thereby do not recognise caste system/ untouchability practice as done in Hinduism.”
Some of the white Christians of the western World show racism/ apartheid against African American/ Black Christians, in the same way Christians and Muslims of SC Origin people are treated as untouchables by some dominant castes Christians, Muslims and some dominant castes other religious people/ generally by the society.
Hindu religion and all other religions never motivate/ promote untouchability based on its ethics, it is practiced by some people who promote untouchability practice because of castes mind set/ menial descent-based job/ low profession/ birth. The social exclusion is different from religious perception/ dogmas of all religions.
As per law, all the Hindus of Scheduled Castes Origin people are allowed into all the Hindu Temples without any caste-based restriction, the Article 17 and SC/ ST Prevention of Atrocities Act, 1989 (amended) do not allow/ practice the untouchability practice. All the religions would not allow the untouchability practice which is immoral one as per the religious ethics, it is not correct to say that only Hindu religion recognises untouchability and Caste discriminatory practice. All the religions and Gods talk about religious morality, equality and the non- discrimination based on castes/ untouchability, but some dominant Castes people’s Castes mind-set, the traditional practice of untouchability prevails in the society.
As per E. V. Chinnaiah vs. State of Andhra Pradesh, (2005) 1 SCC 394, para 93 (d)/ (Five Judges Bench), Supreme Court of India’s judgment “A person even does not cease to be Scheduled Caste automatically even on his conversion to another religion.”
Many Government of India’s and other voluminous, cogent, authoritative detailed testimonials are there to prove the socio, educational backwardness details arising out of the traditional practice of untouchability faced by Christians and Muslims of Scheduled Castes Origin people, such as.
Report of the Committee on Untouchability, Economic and Educational Development of the Scheduled Castes and connected documents, Year 1969, Government of India, Page No: 32, “The Committee found during tours that all Scheduled Castes who got themselves converted to religions other than Hinduism should be given all concessions which are available to Scheduled Castes. This is because the committee found during tours that they suffer from same disabilities, which the Scheduled Castes suffer.” And also, please see page No. 170, para No. (X) 16.
Ministry of Welfare, Government of India’s Note for the Cabinet, the Constitution (Scheduled Castes) Orders (Amendment) Bill, 1996, Paragraph No. 26:
“The High-Power Panel on Minorities, Scheduled Castes, Scheduled Tribes and other Weaker Sections, in their 1983 Report referred to at para 13, had found that earlier disabilities continued even after leaving the Hindu fold. The National Commission on Minorities have also recently recommended the extension of statutory benefits to SC Christian converts (As also to Muslim converts from these communities) as Scheduled Castes. Taking these factors into consideration, the Ministry of Welfare proposes that recognition of Scheduled Castes converts to Christianity as Scheduled Castes be accepted.”
Policy of Dalit Empowerment in the Catholic Church in India, An Ethical Imperative to Build Inclusive Communities, Catholic Bishops’ Conference of India, December, 2016 in chapter, II, Status of Dalit Christians, page 10, paragraph No, 25 says as follows: “…There is wider acceptance that the practice of untouchability and discrimination against Dalits exists in the Church and there is need to address these issues urgently…”
The Supreme Court of India’s Judgment in K.P. Manu v. Chairman, Scrutiny Committee, (2015) 4 SCC 1, para 29 says:
Archbishop George Zur, Apostolic Pro-Nuncio to India in his inaugural address to the Catholic Bishops Conference of India, (CBCI) in the meeting held in Pune during December 1991, made the following observations: “Though Catholics of the lower castes and tribes form 60 per cent of Church membership they have no place in decision-making. Scheduled caste converts are treated as low caste not only by high caste Hindus but by high caste Christians too. In rural areas they cannot own or rent houses, however, well-placed they may be. Separate places are marked out for them in the parish churches and burial grounds. Inter caste marriages are frowned upon and caste tags are still appended to the Christian names of high caste people. Casteism is rampant among the clergy and the religious…”
The National Commission for Minorities had taken the following stand:
“That the Commission again its meeting dated 06.05.1997 made a statutory recommendation under section 9 (1) (g) of the NCM Act recommending in continuation of its earlier recommendation for outright removal of the proviso in (Constitution Scheduled Caste) Order, 1950 which confines the SC status strictly to three specified religions (Hindu, Sikh and Buddhist) to the exclusion of all other religions. It is necessary in the opinion of the Commission to do so in order to fully implement Constitutions stress on the guarantee of equality before law and equal protection of law and Constitutional prohibition of all religion-based discrimination.”
The National Commission for Scheduled Castes had taken the following stand: “In view of the Full Report being laid before the Parliament, the NCSC may reiterate its earlier position & fully endorse the recommendations of the NCRLM- National Commission for Religious and Linguistic Minorities, (This Commission had recommended to delink religion for the consideration of SC status and also it had recommended to make Scheduled Castes net as religion neutral), Date: 22.04.2010.”
Christians and Muslims of Scheduled Castes Origin are dwelling among the wider society where unfortunately caste-based discrimination and even untouchability is being practiced to this day and these people are affected by the traditional practice of untouchability. The Caste discrimination and the untouchability practice is there in common places like farms, fields, Institutions, working places, Water resource places, in rural area Hotels, festivals, burial places and so on. The Caste discriminatory mind-set is the thinking of some dominant Castes people of all religions. The Constitution SC Order 1950, paragraph 3’s religious ban is unconstitutional, all the Castes people whose Castes names are there in the Schedule ought to be extended the SC privileges without any religious restriction. So, delinking religion for the consideration of Scheduled Castes status and making Scheduled Castes net as religion neutral is the timely need forthwith.
Franklin Caesar Thomas is a practicing Advocate of the Supreme Court of India. He works for the cause of getting Scheduled castes status to Christians of SC origin from the year 1979 onwards. He is one of the co-founders of the National Council of Dalit Christians (NCDC)/ society/ a Nationwide movement.
