Inclusion of Dalit Christians in SC List — Here’s Why Tamil Nadu’s Push for Constitutional Change Matters

 Inclusion of Dalit Christians in SC List — Here’s Why Tamil Nadu’s Push for Constitutional Change Matters.

VCK Leader Thol Thirumavalavan Urges Social Justice Minister to Expedite Justice Balakrishnan Commission Report

Thirumavalavan stressed that religious conversion should not determine caste identity or deny historical and systemic injustices faced by Dalits.

New Delhi- Three time MP and Founder-President of Viduthalai Chiruthaigal Katchi (VCK) Dr. Thol Thirumavalavan submitted a petition to the Union Minister for Social Justice and Empowerment, Virendra Kumar, urging the government to expedite the Justice Balakrishnan Commission report and amend the Constitution (Scheduled Castes) Order, 1950, to include Dalit Christians in the Scheduled Caste (SC) list. The petition highlights the prolonged injustice faced by Dalit Christians, who continue to be denied SC status due to their religious identity.

The Constitution (Scheduled Castes) Order, 1950, currently restricts SC status to Dalits practicing Hinduism, Sikhism, and Buddhism, effectively excluding Dalit Christians and Muslims. This exclusion has left Dalit Christians vulnerable to systemic discrimination and deprived them of constitutional safeguards and welfare benefits available to other Scheduled Castes.

In the colonial period, many lower castes were converted to Christianity, but they were not allowed to join the established Saint Thomas Christian community, and continued to face discrimination even after converting.

Even today, Dalit Christians experience caste-based discrimination within the Church, including: Separate chapels and cemeteries, denial of rights to administer churches and participate in church activities and limited representation in leadership roles within the church.

In his petition, Thirumavalavan pointed out that a batch of petitions challenging this discriminatory provision is pending before the Supreme Court. While the Union Government initially opposed the inclusion of Dalit Christians in the SC category, it later formed a three-member Commission of Inquiry, headed by former Chief Justice of India, Justice K.G. Balakrishnan, to examine the issue. However, the Commission has yet to submit its report, even after the two-year deadline, causing further delays in resolving the matter.

Dalit Christian organizations have expressed concerns that the Commission was formed to reinforce the government’s earlier opposition rather than to deliver impartial justice. Thirumavalavan emphasized that the Tamil Nadu Legislature has already passed a resolution supporting the inclusion of Dalit Christians in the SC list, citing that Dalit Hindus and Dalit Christians share the same socio-economic conditions, customs, and social discrimination.

The VCK leader urged the government to take the following steps:

•     Expedite the Justice Balakrishnan Commission Report: Ensure no further delay in addressing the legitimate demands of Dalit Christians.
•     Amend the Constitution (Scheduled Castes) Order, 1950: Include Dalit Christians in the SC list to uphold principles of equality and justice.
•     Increase SC Reservation Percentage: Ensure that the inclusion of Dalit Christians does not dilute existing reservation benefits for other Scheduled Castes.

Thirumavalavan stressed that religious conversion should not determine caste identity or deny historical and systemic injustices faced by Dalits. He called on the Union Government to act decisively to correct this long-standing discrimination and ensure that Dalit Christians receive the same rights, protections, and benefits as other Scheduled Castes.

The petition has reignited the debate on caste-based discrimination and affirmative action in India, with Dalit Christian communities across the country demanding immediate action. The ball now lies in the government’s court to address these demands and uphold the constitutional principles of equality and social justice.

In 2022, the Union government formed a three-member commission under former Chief Justice of India, K.G. Balakrishnan, to examine whether Scheduled Caste (SC) status can be extended to Dalits who have converted to religions other than Sikhism or Buddhism. The commission, which includes retired IAS officer Dr. Ravindra Kumar Jain and UGC member Prof. Sushma Yadav, was tasked with submitting its report within two years.

The commission’s mandate includes studying the social, cultural, and economic changes Dalits undergo after religious conversion, as well as the discrimination they face. It will also explore whether these changes justify their inclusion in the SC category. Additionally, the commission can examine other related issues in consultation with the Central government.

Current SC Status and Past Efforts

Currently, the Constitution (Scheduled Castes) Order, 1950, grants SC status only to Hindu, Sikh, and Buddhist communities. Initially limited to Hindus, the Order was amended in 1956 to include Sikhs and in 1990 to include Buddhists.

Efforts to include Dalit Muslims and Christians in the SC category have been ongoing. In 1996, a government Bill was drafted but never introduced due to differing opinions.

The UPA government established the Ranganath Misra Commission in 2004, which recommended delinking SC status from religion in its 2007 report. Similarly, the Sachar Committee (2005) highlighted that the socio-economic conditions of Dalit Muslims and Christians did not improve post-conversion.

Both the National Commission for Scheduled Castes and the National Commission for Minorities have also supported granting SC status to Dalit Muslims and Christians.

Why Are Dalit Christians Excluded from SC Status ?

The exclusion of Dalit Christians from the Scheduled Caste (SC) category stems from historical and legal interpretations. According to the Office of the Registrar General of India (RGI), SC status is specifically intended for communities facing social disabilities due to the practice of untouchability, which has been traditionally associated with Hindu and Sikh communities. The RGI has cautioned that extending SC status to Dalit Christians and Muslims could significantly increase the SC population across the country.

In 2001, the RGI referenced a 1978 note, stating that Dalits who converted to Islam or Christianity, like Dalit Buddhists, belong to diverse caste groups rather than a single, unified community. This diversity, the RGI argued, prevents them from being classified as a “single ethnic group,” a requirement under Clause (2) of Article 341 of the Constitution for inclusion in the SC list.

This legal and administrative stance has perpetuated the exclusion of Dalit Christians and Muslims from SC status, despite their continued social and economic marginalization. The debate continues as advocates push for a more inclusive interpretation of the law to address these disparities.

Courtesy: The Mooknayak

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