Plea in SC challenges Centre's decision to set up panel to examine Scheduled Caste status to religious converts

New Delhi: A plea has been filed in the Supreme Court challenging the formation of a commission headed by former CJI K G Balakrishnan to examine giving Scheduled Caste status to people who claim to have historically belonged to the SCs but have converted to Christianity or Islam.

The Constitution (Scheduled Castes) Order, 1950 (amended from time to time) says that no person professing a religion other than Hinduism or Sikhism, or Buddhism can be deemed to be a member of a Scheduled Caste.

The plea filed by advocate Pratap Baburao Pandit contended he was a Christian of Scheduled Caste origin belonging to the Mahar community.

The petitioner submitted that the Union government has formed multiple commissions over the years and the appointment of a new commission will further delay the hearing of the issue in the apex court.

"The petitioner is aggrieved because the main Writ Petition (Civil) No. 180/ 2004 and related petitions are pending for the past 18 years. The apprehension of the petitioner is that if the present commission is allowed, the hearing on the main petition may be further delayed causing irreparable damage to the Christians of Scheduled caste origin, who are denied this SC privileges for the last 72 years.

"It is also affecting the fundamental rights of the affected community, giving speedy justice is mandatory as per Article 21," the plea, filed through advocate Franklin Caesar Thomas, said.