New Delhi: The Minister of Social Justice and Empowerment Dr. Satyanarayan Jatiya gave a Statement in the Lok Sabha today [Thursday, 18 December 2003] in response to the Calling Attention Notice tabled by Shri Rajesh Ranjan and other Members of Parliament regarding "the need to include Dalit Muslims, Dalit Christians and certain other backward communities in the list of Scheduled Castes/ Scheduled Tribes and provide reservation benefits to them".

Here is the text of Dr. Jatiya's statement:
"1. As per article 366 (24) of the Constitution, "'Scheduled Castes,' means such castes, races or tribes or parts of or groups within such castes, races or tribes as are deemed under article 341 to be Scheduled Castes for the purpose of this Constitution."
2. Clause (1) of Article 341 of the Constitution provides that "The President may with respect to any State or Union Territory, and where it is a State, after consultation with the Governor thereof, by public notification, specify the castes, races or tribes or parts of a groups within castes, races or tribes, which shall for the purpose of this Constitution be deemed to be Scheduled Castes in relation to that State or Union Territory as the case may be".
3. Further, Clause (2) of Article 341 of the Constitution provides that "Parliament may be law include in or exclude from the list of Scheduled Castes specified in a notification issued under clause (1) any caste, race or tribe or part of or group within any caste, race or tribe, but save as aforesaid a notification issued under the said clause shall not be varied by any subsequent notification.
4. The test applied for inclusion in the list of Scheduled Castes is 'extreme social, educational and economic backwardness arising out of the traditional practice of untouchability."
5. Para 3 of the Constitution (Scheduled Castes) Order 1950 includes, only the Hindu, the Sikh and the Buddhist religions. Thereby persons belonging to these religions are eligible to be included in the list of Scheduled Castes, if they fulfill the conditions laid down in the said Constitutional Order. The validity of paragraph 3 of the Presidential Constitution (Scheduled Castes) Order, 1950 was considered by the Supreme Court in the case of Soosai etc. vs. the Union of India and others (Writ petition No.9596 of 1983), wherein Apex Court observed, in para 7 of the judgement that, "Now it can not be disputed that the caste system is a feature of the Hindu social structure. It is a social phenomenon peculiar to Hindu society. The division of the Hindu social order by reference at one time to professional or vocational occupation was moduled into a structural hierarchy, which over the centuries crystallized into stratification where the place of the individual was determined by birth. Those who occupied the lowest rung of the social ladder were treated as existing beyond the periphery of civilized society, and were indeed not even "touchable". This social attitude committed those castes to severe social and economic disabilities and cultural and educational backwardness.
The Apex Court in para 8 of their Judgement further observed that, "It is quite evident that President had before him all this material indicating that the depressed classes of Hindu and Sikh communities suffered from economic and social disabilities and cultural and educational backwardness so gross in character and degree that the members of those castes in the two communities called for the protection of the Constitutional provision relating to the Scheduled Castes. It was evident that in order to provide for their amelioration and advancement it was necessary to conceive of intervention by the State through its legislative and executive powers. It must be remembered that the declaration incorporated in paragraph 3 deeming them to be members of the Scheduled Castes was a declaration made for the purpose of the Constitution. It was a declaration enjoined by Clause (1) of Article 341 of the Constitution." The Apex court in para 8 of the Judgement concluded thus, "It is therefore, not possible to say that the President acted arbitrarily in the exercise of his judgement in enacting paragraph 3 of the Constitution (Scheduled Castes) Order, 1950".
6. It is alleged that the "Dalit " Muslims were getting benefits as are available to Scheduled Castes during the period 1935-50 and the Constitution (Scheduled Castes) Order, 1950 has debarred them from getting such benefits. It is clarified that there is no record available which shows that "Dalit" Muslims are getting benefits as are available to Scheduled Castes during the period 1935-50. It is contained in the Report of the Advisory Committee on the Revision of the lists of Scheduled Castes and Scheduled Tribes, Government of India, " The relevant record shows in drawing the list of Scheduled Castes, the test applied was the social, educational and economic backwardness arising out of the historical customs of untouchability. The list of Scheduled castes drawn in 1950 was a revised version of the list of Scheduled Castes under the Government of India Act, 1935, which, in turn was the continuation of earlier list of depressed classes. The depressed classes, it is well known were systematically categorized in 1931 by the Census Commissioner of India, who had given the following instructions for the categorization :
"I have explained depressed castes as castes, contact with whom entails purification on part of high caste Hindus. It is not intended that the term should have any reference to occupation as such but to those castes which by reasons of their traditional position in Hindu society are denied access to temples for instance or have to use separate wells or are not allowed to sit inside school house but have to remain outside or suffer similar disabilities." Thus it is clear that "Dalit" Muslims or "Dalit" Christians were not included in the list of Depressed Classes during the period 1935-50.
7. The issue of inclusion of Scheduled Castes convert to Christianity in the list of Scheduled Castes has been processed in consultation with the Registrar General of India and the National Commission for Scheduled Castes and Scheduled Tribes. The Registrar General of India has opined that stratification among Christians on the basis of caste could well become a matter of international controversy and it may be misunderstood internationally as if India is imposing its caste system among Christians and that such reservation is not justifiable. The National Commission for Scheduled Castes and Scheduled Tribes have opined that the inclusion of `Dalit' Christians in the list of Scheduled Castes for the purpose of reservation is neither desirable nor justifiable. Similarly in the case of inclusion of Scheduled Castes converted to Islam, the Registrar General of India has opined that it will be a serious controversy and also discontentment among the Muslims, if their community is recognised at par with those of Hindu castes on the ground of backwardness arising due to the traditional practice of untouchability, especially for the purpose of Article 341 of the Constitution of India. In this regard, the National Commission for Scheduled Castes and Scheduled Tribes has opined that there is no justification for the proposal to add Muslims in the list of Scheduled Castes.
8. For inclusion in the list of Scheduled Tribes there is no bar on religious grounds."