SC status can’t be given to Dalits who converted to Islam & Christianity: Centre to SC

Subject: Polity

Section: Constitution

Context:

Centre has told the Supreme Court The Constitution (Scheduled Castes) Order, 1950 does not suffer from any “unconstitutionality” and the exclusion of Christianity and Islam was due to the reason that the “oppressive system” of untouchability was not prevalent in either of these two religions.

More on news:

The Constitution (Scheduled Castes) Order, 1950, says that no person professing a religion other than Hinduism, Sikhism and Buddhism shall be deemed to be a member of a Scheduled Caste (SC).
The government told the Supreme Court it has not accepted the report of the Justice Ranganath Misra Commission.
Ranganath Misra Commission had recommended inclusion of Dalit Christians and Dalit Muslims in the Scheduled Castes list as it was “flawed”.
The Centre recently appointed a commission headed by former Chief Justice of India (CJI) K G Balakrishnan to examine giving SC status to new people who claim to “historically” have belonged to the SCs but have converted to a religion other than those mentioned in the Presidential orders.

Key highlights:

The government has highlighted these issues in a reply filed in the apex court to a plea which alleged The Constitution (Scheduled Castes) Order, 1950 is discriminatory and violative of Articles 14 (equality before law) and 15 (prohibition of discrimination on grounds of religion, race, caste etc) of the Constitution.
The Centre recently appointed a commission headed by former Chief Justice of India (CJI) K G Balakrishnan to examine giving SC status to new people who claim to “historically” have belonged to the SCs but have converted to a religion other than those mentioned in the Presidential orders.
It said the Constitution (Scheduled Caste) Order, 1950 was based on historical data which clearly established that no such backwardness or oppression was ever faced by the members of Christian or Islamic society.

Basis of the decision:

One of the reasons for which people from Scheduled Castes have been converting to religions like Islam or Christianity is that they can come out of the oppressive system of untouchability which is not prevalent at all in Christianity or Islam.
Once they have come out and ameliorated their social status by converting themselves to Christianity or Islam, they cannot claim to be backward since backwardness based on untouchability is only prevalent in Hindu Society

Article 341 of the constitution:

Centre has examined the matter and noted that certain groups of persons who have historically suffered social inequality, discrimination and the consequent backwardness resulting therefrom, have been declared to be Scheduled Castes by Presidential Orders issued from time to time under Article 341 of the Constitution.
Articles 341 and 342, empower the President of India to draw up a list of scheduled castes and tribes.
If such a notification is related to a state, then also the President will notify the same. However, it can be done after consultation with the governor of the state
Any inclusion or exclusion from the presidential notification of any caste, race, or tribe can be done by Parliament by Law.
If any question arises whether or not a particular tribe is a tribe within the meaning of this article one has to look at the public notification issued by the president.