http://timesofindia.indiatimes.com/india/SC-ready-to-test-reservation-demand-for-dalit-Christians-and-Muslims/articleshow/7335516.cms
SC ready to test reservation demand for dalit Christians and Muslims
TNN, Jan 22, 2011, 05.17am IST
NEW DELHI: The Supreme Court on Friday framed questions to test the
validity of the demand based on the Ranganath Misra Commission
recommendation for inclusion of dalit Christians and Muslims in the
scheduled caste list to avail quota in education and jobs.
A Bench comprising Chief Justice S H Kapadia and Justices K S
Radhakrishnan and Swatanter Kumar posted for February 24 final hearing
on petitions challenging the Presidential Order of 1950 limiting
reservation to dalits among Hindus, Sikhs and Buddhists.
It also made the national commissions for minorities and scheduled
castes parties to the pending petitions, issued notices and asked for
their responses. The SC commission has said it had no objection to
reservation given to dalit Muslims and Christians but had asked the
Centre to ensure that it did not carve out quota for them from the
existing 15% for SCs.
The government had said that any change to include dalits, who
converted to Christianity and Islam -- both religions not recognising
any caste-based division -- had to be left to Parliament and could not
be done by courts.
Petitioner Centre for Public Interest Litigation (CPIL) argued through
advocate Prashant Bhushan that the SC list should be prepared based on
socio-economic conditions rather than on people's religion.
He asked: "How is it that a dalit Hindu, Sikh or a Buddhist is
eligible for reservation but not a dalit Christian or Muslim? Is this
not discrimination on the basis of religion which is prohibited under
the Constitution?"
He said the Presidential Order of 1950 had originally envisaged
reservation for dalit Hindus alone. In 1959, it included dalits from
the Sikh community and then in 1990 Buddhists.
The questions framed by the highest court were:
* Whether a provision in Constitution (Scheduled Castes) Order, 1950,
saying "no person who professes a religion different from Hinduism,
Sikhism and Buddhism shall be deemed to be a member of a Scheduled
Caste" is unconstitutional and void?
* Whether the existing reservation benefits to Scheduled Caste people
professing a religion different from Hinduism, Sikhism and Buddhism
can be diluted by extending them to dalit Christians and Muslims?
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