New Delhi, India - The Supreme Court Thursday asked the central government to firm up its view within two months on the issue of according scheduled caste status to Dalit Christians.
A bench headed by Chief Justice K.G. Balakrishnan also asked Additional Solicitor General Gopal Subramaniam to provide "all information, data and details" to the court within eight weeks to help it arrive at its decision.
The bench, which included Justice R.V. Raveendran and Justice Dalveer Bhandari, issued the directions while hearing two petitions demanding scheduled caste status for Dalit and converted Christians.
The petition had been filed in 2004 by the Centre for Public Interest Litigation, headed by eminent constitutional expert Shanti Bhushan with another advocate, D. David of Vellore in Tamil Nadu, also seeking to have his say in the matter through an impleadment petition in 2005.
The two petitions together challenged the legality of Para 3 of the Constitution Scheduled Castes Order, 1950 which provides the formerly untouchable Hindus the status of scheduled caste for benefits of affirmative actions like reservations in education and government jobs.
But, such Hindus on conversion to other religion lose the benefits. The order had been amended earlier to include Dalit Sikhs and Buddhists in the scheduled caste list.
Arguing for similar treatment to Dalit Christians as well, Bhushan said that the state could not deny its affirmative actions to citizens on the basis of religion.
During the argument, Subramaniam told the court that the issue had been referred to the National Commission for Religious and Linguistic Minorities, headed by former Supreme Court judge Rangnath Mishra.
Mishra submitted his report to Prime Minister Manmohan Singh May 14, recommending scheduled caste status to the Dalit Christians.
The prime minister has referred the matter for closer examination by the National Commission for Scheduled Castes (NCSC).
The bench told Subramaniam to approach the court with NCSC's views on the next hearing.