Should Dalits who convert to Christianity and Islam get Scheduled Caste benefits? Supreme Court might await panel report

The Supreme Court on Wednesday pondered whether it should hold off on deciding whether Scheduled Caste benefits ought to be extended to Dalit converts to Christianity and Islam, pending the report of a new inquiry commission constituted by the Central government. [CPIL v. Union of India].A Bench of Justices SK Kaul, Abhay S Oka and Vikram Nath was considering a plea moved by Centre for Public Interest Litigation (CPIL) in 2004 that sought extension of such reservation benefits to Dalit persons who convert to Islam and Christianity.The plea pointed out that the Justice Ranganath Misra Commission report, which went into the question, had said that Dalits from other religions also suffer the same disabilities as Dalit Hindus.Today, Solicitor General for India Tushar Mehta informed the Court that the Central government had chosen to not accept the report of this Commission, and had instead constituted a new Commission to be headed by former Chief Justice of India KG Balakrishnan..However, Advocate Prashant Bhushan, appearing for CPIL, contended that this would only delay the adjudication of the now 18-year-old petition until the new Commission concludes its inquiry, which could take another two years.The Bench said that before going into the merits of the plea, at the next hearing scheduled for January 2023, it would deal with the question of whether the Court can consider the plea based on the material that is currently on record alone."The first aspect to be dealt with is whether this Court should stay its hands till the report of this Commission comes or whether it should proceed on the basis the material on record," the Court said in its order..The top court previously sought the response of the government to the petition, pursuant to which the Union Ministry of Social Justice and Empowerment filed an affidavit opposing the prayers sought by CPIL.The affidavit said that there is no authentic data to suggest that Dalit Christians or Muslims have suffered the same oppressive environment like Dalit Hindus and, hence, cannot claim benefits which Scheduled Castes are entitled to.Therefore, the Constitution (Scheduled Castes) Order of 1950, which provides for Scheduled Caste status only to Hindu, Buddhist or Sikh communities, is not unconstitutional, the Centre had submitted."There is no documented research and precise authentic information available to establish that the disabilities and handicaps suffered by the SC members in the social order of its origin Hinduism with their oppressive severity in the environment of Christianity or Islam," the affidavit stated.It was also pointed out that Christians and Muslims are entitled to not only 27 per cent other backward class (OBC) reservation, but also benefits under development schemes for OBCs like post matric scholarship, hostels, and other income generating activities undertaken by the national backward classes finance and development corporation.Moreover, it was submitted that Scheduled Caste converts to Christianity and Islam are also entitled to benefits of schemes and programs being implemented by the government for minorities..[Read our live coverage of the hearing today]