Apex court was hearing the case after social activist John Dayal filed a petition, challenging the law that excludes Dalit Christians and Muslims from SC category
Former chief justice J.S. Khehar’s last week in office will be remembered for important rulings on triple talaq and privacy. Another important issue that he heard, though briefly, before demitting office, is that of reservations for Dalit Christians and Muslims. And as a parting shot, a bench headed by the then CJI had issued notice to the Centre and sought its response on the matter.
The apex court was hearing a petition filed by social activist John Dayal, challenging the law that excludes Dalit Christians and Muslims from scheduled caste category, thus depriving them from benefits from reservation in higher education and jobs. The petition claims that the law “unduly favours to propagate Hindu religion.”
Constitutionally, castes belonging to only Hindu, Sikh and Buddhist religions are eligible for such reservations, as they are categorised as scheduled castes. The ministry of social justice and welfare is expected to reply to this notice within two weeks.
Dayal has also argued in his petition that the law “favouring Hindus” for reservation is used by the Rashtriya Swayamsevak Sangh (RSS) and its affiliates to lure minorities to convert to Hinduism in the name of “ghar wapsi”.
Ghar wapsi (homecoming), a so-called conversion of non-Hindus to Hinduism, is backed by various right-wing groups. On conversion under this scheme, Dalits of other religions could benefit from reservations that Hindu castes are entitled to.
In fact, in 2004, similar issues were raised in a writ petition filed by the non-profit, the Centre for Public Interest Litigation, and the court had asked the government to respond.
Law officers familiar with the developments in that case told ThePrint that the central government is yet to respond to that plea even after 13 years.
According to the SC and ST lists, 1950, persons who say they’re from a religion other than Hindu, Sikh and Buddhist religions are deemed not to be scheduled castes under the Constitution.
Originally, the law applied only to Hindus and it was amended in 1956 to include Sikhs, and in 1990 to include Buddhists. As long as Sikh and Buddhist Dalits can prove that their forefathers belonged to a scheduled caste or tribe, they are eligible to seek reservation.
Both amendments came after recommendations made by government-appointed committees in 1955 and 1983. However, in 2007 the Justice Ranganath Mishra committee had recommended not linking an individual’s SC status to religion and making it religion-neutral as in the case of the scheduled tribes.