Plea In Supreme Court Challenges Centre's Decision To Set Up Panel To Examine Schedule Caste Status Dalit Converts

The petitioner has claimed that if the order of setting up the commission is allowed, the hearing on the main petition may be further delayed, which has remained pending for 18+ years now, causing irreparable damage to the Christians of Scheduled caste origin, who have been denied the SC privileges for the last 72 years. The petition also states that the delay is affecting the fundamental rights of the affected community and that giving speedy justice is mandatory as per Article 21.

It is to be noted that the main Writ Petition (Civil) No. 180/2004 and other related petitions seeking to announce the Constitution (Scheduled Caste) Order 1950 paragraph 3's religious ban for Christians and Muslims as unconstitutional is already pending adjudication before the honorable Supreme Court.

The main petition challenges Paragraph (3) of the Constitution (Scheduled Castes) Order, 1950 which was issued in exercise of Article 341(1) of the Constitution of India. The order says, "Notwithstanding anything contained in paragraph 2, no person who professes a religion different from Hinduism, Sikhism and Buddhism shall be deemed to be a member of a Scheduled Caste"

The present petition, which has been filed by one Pratap Baburao Pandit, who is a secretary of Pragat Padhividhar Sanghatna (PPS), a social and educational Trust (Reg. No. F/ 913/1976) based in Pune, Maharashtra, working for the welfare of the downtrodden and weaker sections of society, including Scheduled Castes and Scheduled Tribes, also states, "As per article 341, subdivision 1, the categorization of caste is the prime factor for giving the scheduled caste status, whereas on the basis of religion, Christians of SC origin are restricted to avail the Scheduled Caste status, which is against article 14, 15, 16 and 25."

It is to be noted that on the 30th of August 2022, the SC has asked the Centre to file their comprehensive reply within three weeks' time and had ordered that final hearing of the matter would take place on 11th October 2022.

However, on 6th October 2022, the Union of India, Ministry of Social Justice and Empowerment (Department of Social Justice and Empowerment) appointed a new commission to study the said subject rejecting the report of National Commission for Religious and Linguistic Minorities (NCRLM) otherwise known as Ranganath Misra Commission report, which had also supported the stance of the petitioner.

The petitioner therefore submits that the issue has already been resolved by way of several studies/ reports of Statutory Commissions like Natioanl SC Commission, Elayaperumal Commission, Mandal Commission, Gopal Singh Commission, National Commission for Religious and linguistic Minorities, Sachhar Committee Report, etc. It therefore states that appointment of a new commission, while the matter is pendng before the honorable court for final hearing, is wrong and is with the intention of delaying justice to the petitioners.