Supreme Court rejects plea against setting up Commission to examine granting Scheduled Caste status to converts

The bench asked the petitioner which rule of law allowed questioning of the constitution of the commission set up by the government

The Supreme Court on Monday dismissed a plea questioning validity of the Union government’s decision of October 2022 to set up a panel to examine Schedule Caste status for Dalits, who converted to Christianity or Islam.

"We are not inclined to entertain this petition under Article 32 of the Constitution as what is being sought is quashing of the appointment and functioning of the new commission. We find no relevant ground to quash the appointment of the commission," a bench of Justices Sanjay Kishan Kaul and Abhay S Oka said.

In October 2022, the Centre has appointed a Commission of Inquiry under the chairmanship of former Chief Justice of India K G Balakrishnan to examine claims of granting Scheduled Caste status to the Dalits who have converted to other religions.

The Commission, also comprising retired IAS officer Dr Ravinder Kumar Jain, former member, UGC Prof Sushma Yadav as members, was given the mandate to examine the matter of according SC status to new persons, who claim to have belonged to the SCs historically, but have converted to a religion other than those mentioned in the Presidential Orders issued from time to time under article 341 of the Constitution.

The petition filed by Pratap Baburao Pandit contended since a separate plea has been pending for over 20 years, the decision to set up the commission may further delay the proceedings, causing irreparable damage to the Christians of Scheduled caste origin.

The delay is affecting the fundamental rights of the affected community and giving speedy justice is mandatory as per Article 21, the plea said.

Questioning the locus standi of the petitioner, the bench asked the petitioner, “The Government in its wisdom has appointed a commission. You are challenging the constitution of that commission. Which rule or which law allows you to do that?”

The petitioner submitted that setting up the commission should not come in the way for adjudicating the main matter.

In November 2022, the Centre has told the court that a plea for granting the status of Scheduled Caste to Dalits, who converted to Christianity and Islam, can't be allowed as they did not suffer the social stigma like untouchability.

The identification of SC status is centred around a specific social stigma and the connected backwardness which is limited to the communities recognised under the Constitution (Scheduled Castes) Order, 1950, it had said.

Pertinently, the constitutional right to reservations in jobs and education as a member of the SC community is extended only to people from Hindu, Sikh or Buddhist faiths, in accordance with the 1950 order.

The Centre had also termed the 2007 Report of Justice Ranganath Mishra Commission which favoured SC status for Dalits in all religions as “flawed".

The report has not been accepted by the Centre because it was prepared without conducting any field studies and also failed to account the effect that the inclusion would have on the present castes listed as SCs, it had said.