Dalits converted to Christianity or Islam can't claim SC/ST status: Centre tells SC

The Centre told Supreme Court that a uniform law prohibiting untouchability is already in force and applicable to all people, notwithstanding their religious faith, reported India Today.

Furthermore, benefits given to Scheduled Caste converts are proportionate to the benefits given to the OBCs.

The Centre filed its response in an affidavit opposing a petition arguing that the exclusion of Christian and Muslim Dalits from the list of Scheduled Castes, when Dalits of the Hindu, Sikh and Buddhist faith are being categorised as SCs, was discriminatory, the report said.

It told the court that the state governments are duly taking care of the SC converts to Christianity by providing them with benefits under the OBC category.

Opposing the petitioner's allegation that the Dalit converts to Christianity and Islam are being discriminated against, the government said that State has carved out the necessary benefits required for the social and economic uplift of the needy, the India Today report said.

The Centre pointed out that Christianity or Islam has been excluded from Scheduled Caste benefits, as the oppressive system of untouchability is not prevalent in Christian or Islamic society.

Referring to the Constitution (Scheduled Caste) Order, 1950, the Centre said that the historical data on the basis of which it was formed clearly established that no such backwardness or oppression was ever faced by members of Christian or Islamic society.

The oppressive system of untouchability is one of the main reasons why people convert to Islam or Christianity, as these religions do not have such social evils.

Extreme social, educational and economic backwardness due to the traditional practice of untouchability, practiced by Hindus since time immemorial forms the criteria for deciding whether a caste/ community is eligible for inclusion in the list of Scheduled Castes.

The affidavit said that the nature of conversion to Buddhism is different from that to Christianity or Islam.

Groups of Scheduled Caste people embraced Buddhism voluntarily at the call of Dr Ambedkar in 1956 on account of some innate socio-political imperatives, said the affidavit, according to the report.

The original castes/ community of such converts can clearly be determined, it pointed out, adding that this cannot be said in respect of Christians and Muslims, who might have converted on account of other factors, since the "process of such conversions has taken place over the centuries".