Ahimsa Times 2007 12 SrNo 90

Author(s): Ahimsa Times
Publisher: Ahimsa Times

Page 10

AHIMSA TIMES - DECEMBER 2007 ISSUE - www.jainsamaj.org
Page 10 of 20
"Scheduled Caste" 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 purposes of this Constitution. The Indian Constitution, on the basis of its Article 341 (1) only empowers the President of India to specify the castes, races or tribes or parts or groups within castes that can be deemed to be Scheduled Castes. It is then the role of Parliament to make law concerning the groups thus designated.
ARTICLE 341, SCHEDULED CASTES -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 or groups within castes, races or tribes which shall for the purposes of this Constitution be deemed to be Scheduled Castes in relation to that State or Union territory, as the case may be. In 1950, while exercising the powers conferred on him in Article 341 (1), the President of India promulgated an order known as The Constitution (Scheduled Castes) Order, 1950. This Order of 1950 continued to use the same list used in the Government of India (Scheduled Castes) Order of 1936. The third paragraph of the 1950 Order reads:- Notwithstanding anything contained in paragraph 2, no person who professes a religion different from Hindu shall be deemed to be a member of a Scheduled Caste. This third Paragraph was amended in 1956 and in 1990 in favor of Sikh and Buddhist Dalits. AMENDMENT OF 1956 IN FAVOR OF DALIT SIKHS Following agitation by Master Tara Singh, the Constitution (Scheduled Castes and the Scheduled Tribes) Orders (Amendment) Act, providing for inclusion of Dalit Sikhs in the list of the Scheduled Castes, was passed in 1956. It said:- "Notwithstanding anything contained in para 2, no person who professes a religion different from the Hindu or Sikh religion shall be deemed to be a member of a Scheduled Caste." AMENDMENT OF 1990 IN FAVOR OF DALIT BUDDHISTS In May 1990, to commemorate the centenary of the birth of Dr. Ambedkar, Prime Minister V. P. Singh brought Dalits who converted to Buddhism into the list of Scheduled Castes. He made representations to Parliament that this change of religion, from Hindu to Buddhist, had not altered their social, economic or educational conditions. The same should be acknowledged in the case of Dalits who become Christians. "Notwithstanding anything contained in para 2, no person who professes a religion different from the Hindu, the Sikh or the Buddhist religion shall be deemed to be a member of a Scheduled Caste." In the aforementioned context I am intrigued why neither Dr. Sonkar Shastri nor Mr. K. V. Madanan, working President of the All India SC Reservation Protection Forum, who are so solicitous about the SC Reservation Protection quoting Explanation 2 of Article 25 in an entirely misconceived constitutional context quote that "In subclause B of Clause 2, the reference to Hindu shall be constructed as including a reference to persons professing the Sikh, Jain or Buddhist religions".. Thus so far, Buddhists and Sikhs have been so declared and there is a demand for the inclusion of Dalit Christians and Dalit Muslims to be included in the Scheduled Castes category. This constitutional position clearly refutes any unwarranted and even derogatory statement imputing that Jains are also included in the SC category. 2. As regards the the constitutional position of Jains under Article 25 Expl, II it is constitutionally and judicially untenable to assert as Mr. K. V. Madanan does that Jains Sikhs and Buddhists are included in Hindu religion. To repeat, the amendment to the Constitution in 1990 clearly states: "Notwithstanding anything contained in para 2, no person who professes a religion different from the Hindu, the Sikh or the Buddhist religion shall be deemed to be a member of a Scheduled Caste." In this context, It would be useful to review as to what the reaction of the Jain community was to their inclusion in Expl. II of Article 25 at the dawn of the Constitution. On 25th January, 1950, a Jain delegation was led to the Prime Minister Jawaharlal Nehru and other central leaders to draw their attention to the anomalous position of the Jains under sub-clause (b) of Clause 2 of Article 25 and a petition was submitted.
Jawaharlal Nehru clearly assured the delegation that the Jains are not Hindus and on 31-1- 1950, his Principal Private Secretary, A. V. Pai wrote the following letter in reply to the petition: "This Article merely makes a definition. This definition by enforcing a specific consitutional arrangement circumscribes that rule. Likewise you will note that this mentions not only Jains but also Buddhists and Sikhs. It is clear that Buddhists are not Hindus and therefore there need be no apprehension that the Jains are designated as Hindus. There is no doubt that the Jains are a different religious community and this accepted position is in no way affected by the constitution." (emphasis supplied) ("Nehru Jawaharlal, Letter No.33/94/50-PMS, Prime Minister's Secretariat, New Delhi, 31st January, 1950.) Even when the Sikhs are recognised as minorities they did not feel secure enough and hence made a representation to the Constitution Review Commission in 2002 stating that the Expl. II affected their independent status and hence should be amended. Thus "The perseverance of the Sikh community that any dilution of Sikhism vis-a-vis Hinduism or any other religion should be removed has found favour with the National Commission to Review the Working of the Constitution headed by the former Chief Justice of India, M. N. Venkatachaliah. The recommendation of the Commission in this regard said: "The Commission without going into the
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