Supreme Court to Hear Petition against Denial of Scheduled Caste Status to Christians

The Supreme Court has agreed to hear a petition that challenges the use of religious identity as a criterion for determining whether a community is eligible for Scheduled Caste status.

The petition, filed by Kudanthai Arasan, the president of a political movement in Kumbakonam, Tamil Nadu, argues that the Constitution (Scheduled Castes) Order 1950, which currently defines who is eligible for Scheduled Caste status, exceeds the scope of its parent provision, Article 341(1) of the Constitution.

Article 341(1) allows the President to specify by order any caste, tribe, or group of persons as a Scheduled Caste for the purposes of the Constitution. But, the word ‘religion’ does not appear in Article 341(1), and Arasan argues that the 1950 Order, which excludes Christians and Muslims from Scheduled Caste status, is thus unconstitutional.

Arasan's petition also contends that the denial of Scheduled Caste status to Dalit converts to Christianity and Islam is based on the belief that these religions do not recognize the caste system. However, Arasan argues that this belief is not supported by the evidence, and that there are many Dalits converts to Christianity and Islam who continue to face discrimination based on their caste.

The government has argued in court that Dalits who convert to Christianity or Islam to escape caste discrimination should not be able to claim the same benefits as those who remain in the Hindu religious system. However, Arasan's petition argues that this argument is discriminatory and violates the rights to equality, non-discrimination, and religious freedom.

The Supreme Court has not yet set a date to hear Arasan's petition. However, the case is likely to have a significant impact on the future of Scheduled Caste status in India.