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Panel for SC status to all Dalit converts racing against time as deadline nears
Former CJI-led Commission of Inquiry is likely to seek a short extension
Dalit Christians staging demonstration near the Corporation office in Dindigul, Tamil Nadu, on Saturday, 10 August 2024, demanding including the Dalit Christians in schedule caste.
| Photo Credit: Karthikeyan G
The Commission of Inquiry set up by the Centre to look into the possibility of granting Scheduled Caste (SC) status to Dalit Christians and Muslims is racing against time to submit its report as its two-year term is set to expire in October 2024.
The panel is likely to seek a “short extension” from the government to complete its task.
The commission was unable to start its field visits – a crucial aspect of its work – until August this year as the required staff had not been made available to the panel, multiple sources aware of its functioning told The Hindu.
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“The commission is trying its best to meet the deadline. If possible, a short extension may be sought to finish the work,” one of them said. “It would ideally require an extension to complete the assigned task and submit a report,” another source said. However, the Centre has not yet received a formal request for an extension from the commission.
The three-member Commission of Inquiry, headed by former Chief Justice of India Justice K.G. Balakrishnan, was set up in October 2022, to examine the possibility of granting SC status to Dalits who have converted to any religion other than the ones mentioned in the Constitution (Scheduled Castes) Order, 1950. Currently, only Dalits of Hindu, Sikh, and Buddhist faiths are entitled to be categorised as SCs.
Field visits under way
The commission is currently in the middle of field visits, where it is holding public consultations with interest groups. It has already been to Kerala, Gujarat and Madhya Pradesh for public hearings. But it has yet to visit Bihar, Karnataka, Andhra Pradesh, Telangana, and Tamil Nadu, where similar public hearings have been scheduled.
“Sometimes, the field visits may also get delayed or rescheduled,” one of the sources added, explaining why the panel might need more time.
The commission had been constituted and notified just as the Supreme Court was about to resume hearing a batch of pleas that sought SC status for Dalit Muslims and Christians. The issue has been pending in the top court for 20 years now.
Even after the commission was formed in 2022, it took a while for it to start functioning at full capacity. For the first three months, the panel did not have a permanent office or permanent address for correspondence, neither did it have enough secretarial support staff.
Soon after, Justice Balakrishnan had told The Hindu that the panel could finish its work in half the deadline if “all facilities are provided” although he had said the government was doing its best.
In the field visits conducted so far, the panel has largely met with associations of SC communities as well as members of the Dalit Christian and Muslim communities in those States. A large section among these associations are opposed to the inclusion of Christians and Muslims in the SC list.
The National Council of Dalit Christians, one of the largest bodies to mobilise around the demand for SC status to Dalit Christians and Muslims, has presented its case before the panel in Gujarat and Kerala.
However, the Bihar-based All India Pasmanda Muslim Mahaz, led by ex-MP Ali Anwar told The Hindu, “We have not yet been approached by the panel. And I doubt any member of our community trusts that this panel is working fairly. Because of this, we do not want to take our case to them. We would be more than willing to give our input if they seek it.”
Apart from this, the commission has also written to various States and Union Territory administrations about their view on the issue. It has also sought detailed information on the socio-economic indicators of Dalit converts and is analysing this dataset.
Status beyond faith: On SC status post conversion
The Centre has also made a presentation to the commission, outlining the material available with it and its position on the matter.
The Narendra Modi-led government has told the top court on multiple occasions that it was justified to exclude Dalit Christians and Muslims from the SC list, seemingly alluding to the “foreign origins” of Islam and Christianity. At the same time, it had said that it was constituting a Commission of Inquiry to examine the issue thoroughly, pleading that the matter be kept on hold till the panel finishes its work.
The Department of Social Justice and Empowerment has said the commission will investigate the changes an SC person goes through after converting to another religion and its implications on the question of including them as SCs. These will include examining their traditions, customs, social and other forms of discrimination, and how and whether they have changed because of the conversion.
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