Plea in SC seeks a stay on commission to examine Scheduled Caste status for converted Dalits

According to the petitioner, no person belonging to a religion other than Hinduism or Sikhism, or Buddhism can be given Scheduled caste status but there have been contrary views by the expert committees.

New Delhi:A petition has been filed in the Supreme Court challenging the constitution of a three-member commission that has been set up to examine if Scheduled Caste status can be granted to those Dalits who have over the years converted to Christianity or Islam.

The plea has been filed by Advocate Pratap Baburao Pandit who himself was a Christian of scheduled caste origin belonging to Mahar community. As per the plea, no person belonging to a religion other than Hinduism or Sikhism, or Buddhism can be given Scheduled caste status but there have been contrary views by the expert committees. The petitioner seeks a stay on the functioning of the commission and a quashing of the notification that set it up.

Citing various commissions set up for backward classes since 1955, the petitioner contends that over the years all commissions have already said that there is a need to grant SC status to Dalits who have converted to Islam or Christianity and appointment of a new commission again would just delay the case that is already pending before the top court. It also alleged that a new commission might have been set up to get a "biased report that favors the position taken by the Union government".

"The petitioner is aggrieved because the main writ petition and related petitions are pending for past 18 years. The apprehension of the petitioner is that if the present commission is allowed, the hearing on the main petition may be further delayed causing irreparable damage to the Christians of Scheduled caste origin, who are denied this SC privileges for the last 72 years. It is also affecting the fundamental rights of the affected community, giving speedy justice is mandatory as per Article 21," read the plea.

Batch of pleas regarding the issue is pending since 2004 in the top court. The government has set up a commission headed by former Chief Justice of India, KG Balkrishnan, which also comprises retired IAS officer Ravinder Kumar Jain and professor Sushma Yadav. It shall examine whether SC status can be granted to those who belonged to SC category historically but later on converted to a religion other than those that are mentioned in Presidential orders.

Centre had told the apex court that SC status can not be granted to Islam or Christianity since neither of them had the oppressive system of untouchability that is considered while granting SC status.