Andhra Pradesh, India: On March 24, the Andhra Pradesh Government passed two resolutions – one for extending the Scheduled Caste status to Scheduled Caste members converted to Christianity and the other for inclusion of the Boya and Valmiki communities in the list of Scheduled Tribes.
The Andhra Pradesh Government said in their resolution on inclusion for Scheduled Caste converts to Christianity, “continue to retain their disabilities including untouchability and other economic and social backwardness even after the conversion and therefore there is a strong legitimate basis for including them in the list of Scheduled Castes.”
The Andhra Pradesh Government requested the Government of India to amend the Constitution and extend the Scheduled Caste status to people converted to Christianity contending “they deserve better treatment on an equal footing as those who converted to Sikhism and Buddhism.”
On the inclusion of the Boya and Valmiki communities in the list of Scheduled Tribes, the Andhra Pradesh Government requested the Government of India to include the Boya and Valmiki Community residing in the erstwhile four districts of Anantapur, Kurnool, YSR Kadapa and Chittoor of Andhra Pradesh in the list of Scheduled Tribes.
On March 27, the Bharatiya Janata Party’s (BJP) state President Somu Veerraju and other leaders met Governor Abdul Nazeer concerning the Andhra Pradesh Government’s resolutions. Somu Veerraju said, “The Government’s decision to bring Dalit Christians into SC status is not acceptable. This should be immediately taken back. The decision affects the benefits that real Dalits are getting and CM Jagan should rethink about this. We demand to take back this resolution.” Furthermore, BJP’s National Secretary Sunil Deodhar said, “According to the Constitution, if there is a change in religion, then SCs would lose their identity as SC. We will fight for the rights of Dalits.”
JDSSM’s Memorandum requesting the delisting of persons converted to Christianity and Islam
Meanwhile, the Janajati Dharma Sanskriti Suraksha Manch (JDSSM) sent a memorandum to the President of India, Draupadi Murmu, through the Governor of Assam, requesting “delisting of persons converted to Christianity and Islam from the list of schedule tribes and stopping of constitutional and legal benefits given to them.”
Furthermore, JDSSM organised a rally ‘Chalo Dispur’, which witnessed participation from about 55,000 tribal people from 30 districts of Assam on March 26. The leaders argued that the tribals who converted to other religions should not be given facilities meant for tribal groups. Thousands of tribals from across the districts conducted foot-march, members of these communities then staged a huge rally seeking appropriate amendments to Article 342 of the Constitution to prevent tribals from converting to other religions and at the same time enjoying the rights given to STs.
JDSSM cited the Scheduled Castes and Scheduled Tribes Orders (Amendment) Bill, 1967 wherein the Joint Committee said, “The Committee also considered the question as to whether member of the Scheduled Tribes should continue to be treated as a Scheduled Tribe after conversion to another religion other than a tribal religion. The Committee are of the opinion that no person who has given up the tribal faith or faiths and has embraced Christianity or Islam should be deemed to be a member of Scheduled Tribe. Amendments to the Scheduled Tribes Orders have been made accordingly.”
JDSSM also noted that a similar amendment was done for Scheduled Caste (SCs) in 1956 which read “Notwithstanding anything contained in Paragraph 2, no person who professes a religion different from the Hindu or Sikh religion shall be deemed to be a member of Scheduled Castes.”
JDSSM submits that “as per the Government of India Act, 1935, an Indian Christian is defined as a person who professes any form of Christian religion and who is not a European or an Anglo Indian. Accordingly, when a person has given up tribal faith or faiths and embraced Christianity then naturally he/she falls under the category of Indian Christians and is not entitled to get the constitutional benefits under scheduled tribe category. Availing such benefits was entirely unconstitutional.”
It is pertinent to note that similar protests against the inclusion of persons converted to other religions for receiving benefits meant for tribal people were also witnessed in Madhya Pradesh, Chhattisgarh, and Jharkhand recently.
Vishwa Hindu Parishad opposes giving SC status to converts
It is pertinent to note that Vishwa Hindu Parishad (VHP) has opposed giving Scheduled Caste status to people converted to Abrahamic religions. The VHP said that “scheduled castes are the persons who have historically been deprived on the basis of their castes, while the Abrahamic religions claim to have no caste distinction amongst them and therefore SC reservation cannot be extended to them.”
The VHP’s working president Alok Kumar said, “In 1950, a Constitution Order was issued making it clear that only Hindu Scheduled Castes would get reservation facilities. Despite this, Christian missionaries and Islamic organisations have been making constant efforts in their irrational demands to extend this facility to converted SCs. We wouldn’t allow them to snatch the constitutional rights of SCs.” It is pertinent to note that the Constitution (Scheduled Castes) Order, 1950, states that no person other than one belonging to Hinduism, Sikhism or Buddhism can be given a Scheduled Caste status.
He added, “The rights of the Scheduled Caste communities can’t be allowed to be snatched away by the religious converts. Backed by their money power, political influence, and international support, they will lodge themselves in all areas of reservation and all those members of the Scheduled Caste communities for whom the provisions of reservations were made will be deprived of the facilities.”
In the case of Soosai Etc. v. Union of India and Ors., the Supreme Court of India held that the Constitution (Scheduled Castes) Order, 1950, and the amendments made to it were constitutional and the reservation could not be given to people other than Scheduled Caste members from Hindu, Sikh, or Buddhist community. Furthermore, in the cases of RC Poudyal, Somnath Poudyal, Nandu Thapa, Roop Raj Rai, etc. the provisions of the Constitution (Scheduled Castes) Order, 1950, were held as appropriate and just, he said.
