<\/span><\/h2>\n![\"Sociological](\"https:\/\/triumphias.com\/blog\/wp-content\/uploads\/2023\/09\/sc-300x200.png\")
<\/span><\/p>\n<\/span>Context<\/strong><\/span><\/span><\/h2>\nRecently, the Supreme Court has sought the government’s position on petitions challenging the\u00a0Constitution (Scheduled Castes) Order of 1950 <\/strong>(amended in 1956 & 1990)<\/strong><\/em>, which allows only members of\u00a0Hindu, Sikh and Buddhist\u00a0<\/strong>religions to be recognised as Scheduled Castes.<\/span><\/p>\n\n\n\n\n<\/span>Sociological Analysis :<\/strong><\/span><\/span><\/h2>\n\n- Lived religion is different from textual understanding of religion. Lived religion is made up of several Faith Structures<\/em><\/strong> , which influence how religion is practiced at a time and pace.<\/span><\/span><\/li>\n
- Muslim either converted or who has migrated from central Asia migrated India centuries ago.<\/span><\/li>\n
- Occupation, land ownership, perception of neighbors towards converted<\/b> : new God provide new religious text , and moral support , not skill , inheritance , networks , health etc. which are all determined by caste.<\/strong><\/span><\/li>\n
- Tiwari, Srinivas Goli, Mohammad Zahid Siddiqui and Pradeep Salve<\/em><\/strong> estimate that 24% of the Muslim population are Dalits. Rural poverty among Dalit Muslims is 53%, as against 31% in upper caste Muslims. Extent of landlessness among Dalit Muslims is 80%, as against 44% in upper caste Muslims. Even though upper caste Muslims too are overall at a huge disadvantage as compared to upper caste Hindus (a poverty of 31% as opposed to only 14%),<\/span><\/li>\n<\/ul>\n
<\/span>Reservation<\/strong><\/span><\/span><\/h2>\n\n- Reservation : Recognizing caste system officially<\/b><\/span><\/li>\n
- Reservation inheres both affirmative , protective nature.<\/strong><\/span><\/li>\n
- Satyanarayana : Reservation for dalits and SC status is manifestation of <\/strong>recognition of caste as disability, Prevention of Atrocities Act 1990 did\u00a0 recognize caste as a system of power of upper caste.<\/span><\/li>\n
- Gopal Guru <\/strong>SC status allows for Minimum Moral Stamina to recognize and articulate passion.<\/span><\/li>\n
- Caste among Muslims and Christians has been invisibilised ,<\/em><\/strong> both in state and policy discourse and by the religious, political, intellectual elites who have represented them as minorities.<\/span><\/li>\n<\/ul>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n
<\/span>Basis for Reservation: <\/strong><\/span><\/span><\/h2>\nArticle 14 and Classification:<\/strong> Article 14 of the Indian Constitution prohibits discrimination legislation but permits reasonable classification.<\/span><\/p>\nWho Was Initially Recognized in the 1950 Constitution Order:<\/strong>\u00a0The 1950 Constitution (Scheduled Castes) Order acknowledged only Hindus as Scheduled Castes.<\/span><\/p>\nAmendments in 1956 and 1990:<\/strong> Amendments in 1956 and 1990 added Dalits who converted to Sikhism (1956) and Buddhism (1990) respectively. These amendments were influenced by reports from the Kaka Kalelkar Commission<\/strong> (1955) and the High Powered Panel (HPP) on Minorities, Scheduled Castesheduled Castes\/ST (1983).<\/strong><\/span><\/p>\n<\/span>Reasons for Exclusion of Dalit Christians:<\/strong><\/span><\/span><\/h2>\n\n- Untouchability Practice:<\/strong> The practice of “untouchability”<\/strong> was a characteristic of Hinduism and its derivatives, not present in Islam or Christianity.<\/span><\/li>\n
- Registrar General’s Caution:<\/strong> The Registrar General of India advised that Scheduled Castes status is intended for communities afflicted by social disabilities resulting from untouchability.<\/span><\/li>\n
- Mandate and Approval for Inclusion:<\/strong> Inclusion mandates were established in 1999, necessitating approval from the Registrar General of India. The amendment including Buddhist converts in 1990 adhered to these rules.<\/span><\/li>\n
- Article 341 Clause (2) Criteria:<\/strong> Dalits who converted to Christianity or Islam hailed from diverse caste groups, making it challenging to categorize them as a unified “single ethnic group” required for inclusion.<\/span><\/li>\n
- “Foreign” Origins of Islam and Christianity:<\/strong> While not explicitly stated, the government implies that Islam and Christianity originated outside India, contrasting with Hinduism, Sikhism, and Buddhism.<\/span><\/li>\n
- Scheduled Caste Identification Based on Specific Social Stigma:<\/strong> The concept of Scheduled Caste is rooted in particular social stigmas tied to communities listed in the Constitution (Scheduled Castes) Order, 1950.<\/span><\/li>\n
- Different Conversion Contexts:<\/strong> Scheduled Castes converts to Buddhism voluntarily adopted the religion following Dr. Ambedkar’s call in allowing clear identification of their original castes\/communities. This distinction is less clear for Christians and Muslims due to conversions occurring over centuries.<\/span><\/li>\n<\/ol>\n
<\/span>Argument for Inclusion:<\/strong><\/span><\/span><\/h2>\n\n- Reports on Caste Inequalities:<\/strong> Various independent commission reports have documented caste-based inequalities within Indian Christian and Muslim communities.<\/span><\/li>\n
- Absence of Castes in Sikhism and Buddhism:<\/strong> Despite the absence of casteism in Sikhism and Buddhism, they were included in the Scheduled Castes list<\/span><\/li>\n
- It is against article 14, 15,16,25 <\/strong>of constitution of India to exclude them. It is argued that it is against right to equality and non discrimination against any religion, and it violates freedom of religion .<\/span><\/li>\n
- Historical evidences of caste recognition in Muslims: <\/strong>The Scheduled Castes List of 1936 includes various Muslim Dalit castes like the Halalkhor, Lalbegi, Nat, Dhobi in the United Provinces and Khatik and Mallah in Bombay.<\/span><\/li>\n
- Reports of the National Commission for Safai Karamcharis<\/strong>: The reports confirm two important things: one, that sanitation work in India is steeped in untouchability even today, and two, many Dalit Muslim communities do sanitation jobs. Thus, even Dalit Muslims for sanitation work, where they are treated as untouchables.<\/span><\/li>\n<\/ol>\n
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