Earlier this week, the Allahabad Excessive Courtroom ordered a statewide inquiry into Christian converts retaining Scheduled Caste (‘SC’) standing, calling such retention a “fraud on the Structure.” The Excessive Courtroom relied on the Andhra Pradesh Excessive Courtroom’s resolution in Akkala Rama Reddy v State of A.P (2025) and famous that an individual ceases to belong to their authentic caste upon conversion to Christianity.

Questions across the caste location of Christian converts, nonetheless, usually are not restricted to the courts. The latest caste enumeration performed by the Karnataka State Backward Class Fee sparked controversy when 33 castes throughout the Christian group have been listed, together with Banajiga Christian, Holeya Christian, Madiga Christian, Valmiki Christian. These communities have been later dropped after an uproar from the opposition BJP and the governor’s suggestion. Whereas these communities have been dropped, 4 classes throughout the Christian religion have been retained, specifically Christian, Protestant Christian, Syrian Christians, and Scheduled Caste (‘SC’) converts to Christianity.

The transfer highlighted how the caste positionality of those that bear spiritual conversion continues to be seen in authorities coverage. Be it their id, apply or religion, Dalit Christians (SC converts to Christianity) proceed a battle to navigate their very own house amidst a number of binaries.

The discriminatory design of the 1950 Order

In Chinnappa Backyard, Bangalore a slender lane amidst the big bungalows leads you to a Dalit Christian locality. It’s primarily inhabited by massive numbers of Madigas who practise Christianity. Many residents maintain the SC certificates however haven’t formally transformed for the worry of dropping reservation advantages. They determine themselves as Hindus formally – a consequence of the oppressive 1950 Presidential Order that locations an unfair burden on the individuals who wish to apply Christianity by disenfranchising them from SC advantages as soon as they convert to Islam or Christianity. As a result of worry of dropping the SC standing, they practise their religion privately, retain their Hindu names, and keep away from formal affiliation with the Christian communities.

Nevertheless, Maya*, Shyamsundar and plenty of others from the group defy the norm and proudly proclaim themselves as Christians with out worrying in regards to the penalties. Maya and Shyamsundar narrated that when the Scheduled Caste survey commissioned by the Karnataka authorities was underway, and officers requested them what they needed to be recognized as – Hindus or Christians – they proudly selected ‘Christian’, regardless of having been warned that choosing ‘Christian’ would render them with out affirmative State help.

Maya defined to me that individuals warned her to determine as Hindu in order that she doesn’t lose the affirmative actions advantages, however she says that she is just not involved about dropping the profit, since figuring out in truth as Christian is non-negotiable for her. “My religion is just not one thing I’ll compromise,” she mentioned.

Each the above conditions underscore the discriminatory and oppressive nature of the 1950 Order. Within the first situation, persons are prevented from exercising their freedom of selection and conscience freely, which strikes on the core of a person’s cognitive autonomy. The founders of the Structure envisioned a society the place totally different people have been free to decide on totally different faiths; nonetheless, the State now tries to maintain SC converts hostage by not wanting them to be recognized as Christians.

Within the second, the State penalises practitioners for selecting their religion. It’s unfair for practitioners of Christianity or Islam to let go of their SC standing solely as a result of they’ve transformed to Semitic religions. Caste and discrimination function intrinsically in South Asian society, and these religions usually are not untouched by them. Therefore, the slender communal outlook of caste that’s seen solely by means of a Hindu framework is deeply flawed. Caste needs to be seen impartial of faith.

Authorized challenges earlier than the Supreme Courtroom

The petitions difficult the 1950 Presidential Order, filed by numerous Dalit Muslim and Dalit Christian boards and teams – together with the Akhil Maharashtra Khatik Samaj (Khatik is a group engaged within the career of meat promoting) and United Entrance for Dalit Christians – earlier than the Supreme Courtroom level out the existence of caste hierarchy inside Islam and Christianity. They spotlight that discrimination continues on the social degree regardless of conversion to Semitic faiths.

Secondly, they level out {that a} Hindu Dhobi (washerman) or a Hindu Khatik are equally positioned on the social ladder with a Muslim Dhobi or Muslim Khatik since their jobs are thought of “soiled” in society. Regardless of this parallel positioning, the previous come throughout the ambit of SC class whereas the latter are not noted, amounting to a grave violation of Article 14, which strikes on the core of reasonableness.

Thirdly, they argue that the Presidential Order is anti-secular and violates the best to profess and practise faith, because it not directly prohibits anybody from the Scheduled Castes from selecting the religion of Islam or Christianity for worry of dropping the SC standing.

Lastly, they emphasize the necessity to delink the SC class from faith, as has been achieved with Scheduled Tribes – a religion-neutral class – according to numerous committee studies. Curiously, the Muslim Khatiks’ petition broadens the argument by suggesting to broaden the eligibility for SC standing by not maintaining untouchability as the only criterion for defense underneath Article 17 and the Atrocities Act, 1989.

Within the affidavit filed by the Union authorities in response to the Dalit Muslim and Dalit Christian petitions earlier than the Supreme Courtroom, the State has argued that the egalitarian rules of the Semitic religions and the purported non-existence of ‘untouchability’ amongst them justify not extending the SC standing. This burden positioned on practitioners of those faiths to show that castes, untouchability and discrimination exist amongst them is grossly unfair. They’re subjected to move by means of a better customary set by the State, whereas as a convert to Buddhism, Sikhism is just not required to undergo this rigorous course of, though these faiths are throughout the purview of the Presidential Order regardless of professing caste-free doctrines. The burden is simply on Semitic religions to show that untouchability exists amongst them, which is discriminatory on its face. It additionally cites lack of empirical information and documented proof to determine that disabilities proceed with the identical severity regardless of conversion.

The Union authorities has argued that the inclusion of Buddhists and Sikhs within the SC class is justified since they’re ‘Indic’ religions, and within the case of Buddhist converts, there was voluntary conversion by the Dalits upon the decision of Dr. B.R. Ambedkar, not like Christian and Islamic conversions, which occurred centuries in the past on account of “different elements,” making the willpower of authentic caste tough. The inclusion of Dalit Muslims and Dalit Christians could be a grave injustice to the present SCs, the federal government has argued. Additional, it has famous that the unique intent of the Presidential Order was to deal with untouchability, a apply related to the Hindu social order, and therefore has constitutional backing.

Rethinking the thought of untouchability

A number of students engaged on the difficulty of Dalit Muslims and Dalit Christians have identified the existence of untouchability and introduced materials proof of it. Ali Anwar in his seminal work ‘Masawat Ki Jang’ (The Battle for Equality), highlighted the assorted types of discrimination confronted by the Dalit Muslim castes, like Bakkho, Halalkhor, Nat, and Darzee, in Bihar. He identified that the apply of untouchability continues even on the graveyard, as upper-caste Muslims limit Dalit Muslims from burying their useless of their burial grounds. As per a paper printed by Prashant Trivedi – based mostly on a family survey from 14 districts of Uttar Pradesh – one-third of the Dalit Muslims said that they don’t seem to be allowed to bury their useless in an upper-caste burial floor.

The paper observes: “A lot of the Muslims supply prayers in the identical mosque, however in some locations Dalit Muslims felt discriminated towards in the primary mosque. A big part of Dalit Muslims additionally really feel that their group is seen as being related to menial jobs. Respondents who studied on the madrasas have been discovered to be extra vocal in regards to the untouchability they’ve skilled.” Even Masood Alam Falahi’s work ‘Zaat Paat aur Musalman’ on Dalit Muslim communities, reveals stark discrimination confronted by the Arzal, a group thought of the bottom throughout the Muslim social hierarchy.

It’s crucial to acknowledge that we have to redefine and broaden the thought of untouchability past the Hindu fold. It manifests in a number of kinds. As an illustration, upper-caste Muslims like Sayyeds, Pathans and Sheikhs don’t permit marriages with Muslim castes like Mehtar, Nadaf, Pinjari or Bazigar.

Take into account the case of Shareef Nadaf, a social employee belonging to the Nadaf-Pinjari group, which engages in making cotton carding or ginning. After I requested Shareef about inter religion marriages throughout the Muslim group, he shortly responded that they merely don’t occur and are arduous even to think about. Shareef notes that many youths from the Nadaf group have modified their surnames resulting from stigma, inferiority,and the need for wider social acceptance. If exclusion, stigma, and denial of equal social relations persist on this manner, is that this not a type of untouchability?

It’s pertinent to notice that the Constituent Meeting intentionally left the phrase “untouchability” undefined and unrestricted to make sure it encompasses all future types of discrimination which will take the form of untouchability.

Justice D.Y Chandrachud, in Indian Younger Attorneys Affiliation v Union of India (2019), which handled enabling entry for girls of menstruating ages throughout the Sabrimala Temple, emphasised that Article 17’s hyperlink with human dignity and its broad, evolving anti-exclusionary precept whereas concluding that untouchability strikes on the core of notions of “purity and air pollution”. He noticed:

Article 17 have to be construed from the angle of its place as a robust assure to protect human dignity and towards the stigmatization and exclusion of people and teams on the premise of social hierarchism…The Structure has designedly left untouchability undefined. Any type of stigmatization which ends up in social exclusion is violative of human dignity and would represent a type of “untouchability.”

Article 17 is an intrinsic a part of the social transformation which the Structure seeks to attain. Therefore in construing it, the language of the Structure shouldn’t be ascribed a curtailed which means which is able to obliterate its true goal. “Untouchability” in any kind is forbidden. The operation of the phrases utilized by the Structure can’t be confined to a selected kind or manifestation of “untouchability.” The Structure as a continually evolving instrument needs to be versatile to succeed in out to injustice based mostly on untouchability, in any of its kinds or manifestations.

It’s also essential to acknowledge that many decrease castes could have embraced Islam and Christianity hoping to flee caste, however that’s removed from the one cause for conversion. Folks select new faiths based mostly on a constellation of things. The State shouldn’t assume they transformed solely to flee caste or imagine they now reside in an egalitarian eco-system. Folks could convert even figuring out caste persists, as a result of their religious connection, doctrinal perception or private relationship with God attracts them to the religion. What touches a human can’t be decreased to a mere authorized query, though courts usually body it as such when analyzing the standing of Scheduled Caste converts.

In Akala Amma Reddy (2025), a Christian pastor who transformed from Hindu Madiga Schedule Caste filed an FIR underneath the Atrocities Act, 1989 alleging caste-based abuse and assault by Hindu Reddys. The Andhra Pradesh Excessive Courtroom held that the pastor can’t declare the Act’s safety since he had transformed to Christianity, until reconversion is confirmed.

Primarily based on the truth that the complainant had served as a pastor for 10 years and named his kids Jadson and Mahima Paul, the single-judge bench concluded that he’s a Christian and subsequently can’t invoke the Act. The Courtroom reasoned that he ceased to be a member of the SC group the day he transformed to Christianity.

The reasoning rests on the belief that caste stratification doesn’t exist in Christian spiritual scriptures. This turns into clearer when the bench notes that “the caste system is alien to Christianity,” suggesting that caste is reliant on faith. What’s placing is that the pastor continued to face casteist abuse from Hindu Reddys regardless of his conversion, which means that of their eyes, he remained a Madiga — a decrease caste. The deeper fact is that caste id survives in social notion regardless of conversion. It additionally exhibits that disabilities and handicaps proceed with the identical oppressive severity even inside a brand new spiritual context. To the world round him he’s nonetheless a Madiga.

The Dalit-Christians and Muslims subsequently can’t avail the safety granted underneath the protecting laws due to their conversion to a Semitic faith, regardless of persevering with social stigma and exclusion.

The time period “Scheduled Caste” within the Structure connotes a faith impartial reference underneath Article 341. Nevertheless, the 1950 Order speaks in a opposite language. It’s excessive time, thus, that the 1950 Presidential Order be introduced according to the Structure and with the suggestions of the Gopal Singh Panel, Sachar Committee, Ranganath Misra Fee and the Nationwide Fee for Minorities Report, 2008 which really helpful amending the 1950 Presidential Order to incorporate all Schedule Caste converts no matter faith by citing rules of justice and equity.

To make use of the phrases of Dr. Ambedkar, “No matter is wrongly settled is rarely settled and have to be resettled” and the identical holds true for the 1950 Order.

[Note: * Name has been changed in the interest of anonymity.]

[Khalil ur Rehaman is a lawyer based in Bombay and a research fellow at the Equals Project, who researches the issue of Dalit Muslims and Dalit Christians in relation to the 1950 Presidential Order. Courtesy: The Leaflet, an independent platform for cutting-edge, progressive, legal & political opinion, founded by Indira Jaising and Anand Grover.]