For 70 years, Dalits have been denied freedom of religion – through a presidential order

This month marks 70 years from the passing of the Constitution (Scheduled Castes) Order, 1950, which aimed at ensuring that Dalit communities would be able to fully enjoy the fundamental freedom and rights protected under the Constitution of India. However, Paragraph 3 of the 1950 Presidential Order prevents Dalits communities from exercising one of the most basic of human rights, the right to freedom of conscience and belief.

The 1950 Presidential Order identifies the caste communities who have experienced extreme social, educational and economic backwardness arising out of the traditional practice of untouchability. These castes are also referred to as Scheduled Castes or Dalits.

These Dalit communities were singled out for deserving affirmative action benefits under various government policies, including education and jobs. Dalit communities also have special protections under the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 and political reservation in various forums.

Paragraph 3 of the Presidential Order, however, limited the classification of Scheduled Castes initially only to Hindus. Due to the political activism of Sikh and Buddhist communities, the 1950 Presidential Order was subsequently amended to include Sikhs in 1956 and Buddhists in 1990. The 1950 Presidential Order, however, continues to leave out Dalits who converted to Islam or...

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