A delaying tactic?

It took nearly two decades for the Supreme Court to take note of the petitions seeking extension of Scheduled Castes status to Dalit converts of Islam and Christianity. As if the delay was not enough, the Central government has now suddenly awoken and has realised the need to undertake a "detailed and definitive study" on the matter. This comes at a time when the case is sub-judice in the Supreme Court which is already pushing the Centre to clarify its stand on the matter. The Union government has decided to set up a three-member commission of inquiry headed by former CJI KG Balakrishnan to figure out if SC status can be extended to Dalits who have converted to Islam and Christianity. The commission is given a two-year window to look into the traditions and customs of the converts. It will also investigate the extent and nature of discrimination the converts are facing. Additionally, the commission is also expected to trace a "change" in individuals post-conversion. The nature of this "change" can be best defined by the Centre itself! Basically, the Centre is looking for evidence that would substantiate or negate the claim of Dalit converts over legal and social entitlements that the SC community is provided in general within the country. These entitlements can be broadly broken into two elements — reservations in jobs and educational institutions and, more importantly, protection from atrocities under stringent laws. These are the two tools that have helped Dalits raise their ranks in society over the years. It is unclear what changes the government expects in the societal status of Dalits just because their religion has changed. It may be pertinent here to note that from Kaka Kalelkar Committee Report (1955) to Ranganath Commission Report (2007) — intervened by plethora of other reports — have noted in clearest terms that discrimination against Muslim and Christian Dalits has been a reality. Satish Deshpande and Geetika Bapna even went on to say that Dalit Muslims are the worst of all Dalits in India. It is shocking as to how the Centre could outright refuse the credibility of all this evidence, compiled over decades, through a single affidavit in 2019 — more so, when it has itself failed to produce any credible report. The Centre's decision to set up a commission to examine the qualification of Dalit converts as SC has led to wide outcry among the community and Dalit rights activists. The move is being termed as a "delaying tactic". It is unfortunate that the fate of Dalit converts to Islam and Christianity has been kept in limbo for decades. Any further delay in justice in this regard will amount to denial of justice. A close look at the apprehensions raised by the Centre would reveal the fallacies of it. The argument that Dalit converts to Buddhism and Sikhism can't be compared with Dalit converts to Islam and Christianity doesn't hold much water in the present case. It is constitutionally flawed in two aspects. First one is obvious, laws in India should not be differential in nature on religious grounds. The second one is more basic, invoking theology in interpretation of law should not be acceptable. Citing non-endorsement of caste by Abrahamic religions as a ground for exclusion of Dalit Muslims and Dalit Christians amounts to nothing more than futility. Law should keep a safe distance from theology. In reality, there is an abundance of reports that show that evils as despicable as untouchability still persist among Dalits — irrespective of the religion they belong to. In certain parts of the country, separate tumblers are still used for serving tea to Dalits and non-Dalits. Dalits are still being beaten, and even killed, for merely making contact with materials meant for upper castes. The more the delay in ascertaining the rights and entitlements of all Dalits, the more hampered will be their mainstreaming into the society. Rather than breaking Dalits on the basis of religion and sub-castes, one should allow them to stand united and continue the valiant, long fight against centuries-old injustices. Creating undue roadblocks in their way will be akin to doing a great disservice to the nation guided by the principles of Ambedkar and Gandhi.