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New Delhi, Nov. 28: The Supreme Court will begin hearings in February to decide whether the Constitution allows reservations for Dalit Christians.
The court today asked the Centre to submit the relevant information collected by the National Commission for Religious and Linguistic Minorities, so that the bench can decide the issue.
The information relates to the commissions findings on the socio-economic status of Dalit Christians, and must be submitted by the third week of February.
The interim order comes on a petition by the Centre for Public Interest Litigations, headed by apex court counsel Prashant Bhushan.
Dalits among the Hindus, Sikhs and Buddhists are given the SC/ST benefits but the same is deprived to Dalits among Christians, Bhushan argued. This is violative of the provisions of the Constitution guaranteeing equality before law and also (that) citizens would not be discriminated (against) on the basis of religion.
A Dalit Christian from Kerala, D. David, has joined the battle as a separate petitioner and an organisation calling itself Hindu Dalit Association has opposed the petition.
At the centre of the controversy is a 1950 presidential order excluding Dalit converts to Christianity from the benefits of SC/ST reservations, which mainly apply to jobs, education and promotion.
David told the court: The British Parliament, in 1936, passed a resolution that nobody in India converting to Christianity would be treated as untouchable and on that basis denied reservation to Dalit converts?. (This) continues in the country with the 1950 presidential order.
Additional solicitor-general Gopal Subramanian, representing the government, said the commission was formed last year under former Chief Justice of India Ranganath Mishra. Till the commission comes out with its report and recommendations, no action could be taken as the Supreme Court itself had held in a case that reservation in any form should not exceed 50 per cent, he argued.
The three-judge bench told Subramanian: We have to hear the matter in detail after (the) information (collected by the commission) is submitted. We are not expressing any opinion as on date. We would examine, if necessary, the question (of reservation for Dalit Christians).
The commission is hearing NGOs, Dalit and non-Dalit Christian organisations and individuals, as well as Hindu Dalit organisations opposed to reservation for Dalit Christians.
The matter comes up again in the third week of February before the bench of Chief Justice of India Y.K. Sabharwal and Justices C.K. Thakker and Raja Varadarajulu Raveendran.
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