The top court previously sought the response of the government to the petition, pursuant to which the Union Ministry of Social Justice and Empowerment filed an affidavit opposing the prayers sought by CPIL.
The affidavit said that there is no authentic data to suggest that Dalit Christians or Muslims have suffered the same oppressive environment like Dalit Hindus and, hence, cannot claim benefits which Scheduled Castes are entitled to.
Therefore, the Constitution (Scheduled Castes) Order of 1950, which provides for Scheduled Caste status only to Hindu, Buddhist or Sikh communities, is not unconstitutional, the Centre had submitted.
“There is no documented research and precise authentic information available to establish that the disabilities and handicaps suffered by the SC members in the social order of its origin Hinduism with their oppressive severity in the environment of Christianity or Islam,” the affidavit stated.
It was also pointed out that Christians and Muslims are entitled to not only 27 per cent other backward class (OBC) reservation, but also benefits under development schemes for OBCs like post matric scholarship, hostels, and other income generating activities undertaken by the national backward classes finance and development corporation.
Moreover, it was submitted that Scheduled Caste converts to Christianity and Islam are also entitled to benefits of schemes and programs being implemented by the government for minorities.
