December 21, 2024

Denying Backward Caste Rights to Muslim or Christian Dalits: The Government Is Legally & Logically Correct

By Sunil Garodia
First publised on 2022-11-12 07:32:43

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Editor-in-Chief of indiacommentary.com. Current Affairs analyst and political commentator.

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The Central government has submitted in the Supreme Court that since the caste system is related to Hinduism and the Constitution proposed affirmative action for these marginalized sections of the Hindu society, anyone who converts from Hinduism, Sikhism or Buddhism (Sikh backwards were included in 1956 and Buddhists in 1990) to any other faith loses the benefits of being a backward caste since no other religion subscribes to the caste system. Hence, once they convert, they are assimilated in the general fabric of the followers of their new religion and are not identified by their caste.

The government also argued that the Constitution (SC) Order, 1950 was legal and valid as it was not in conflict with the Constitution. It also said that the Justice Ranganath Mishra Commission took a narrow and myopic view of the issue while recommending the inclusion of Dalit Muslims and Christians in the list and its findings were flawed.

The government said that "the Constitution (SC) Order 1950 was based on historical data which clearly established that no such backwardness or oppression was ever faced by members of Christian or Islamic society. In fact, one of the reasons for which people from Scheduled Castes have been converting to religions like Islam or Christianity is so that they can come out of the oppressive system of untouchability which is not prevalent at all in Christianity and Islam".

This is true if one sees it only from the view of religions. Both Islam and Christianity have a casteless society. Hence, if Dalits convert to either of the two religions, they lose the socially backward status they were subjected to under the Hindu society. Religiously and theoretically, there are no Dalit Muslims or Dalit Christians. That removes the main reason for allowing them the benefits that are available only for those identified under the 1950 order which excludes followers of Islam and Christianity. The Misra commission had opined that the Schedule Caste net should be religiously neutral. But if a religion is caste neutral, how can its adherents demand backward caste status?

But given the age old bias against the backward classes in India, it is seen that even in the casteless society of Islam and Christianity, these converts from backward classes are looked down upon in India. Still, purely from the legal point of view, the government's argument cannot be flawed and such converts cannot be allowed to enjoy the benefits available to backward classes once they embrace a religion that does not treat them as such.