AP Govt’s G.O. extending Scheduled Caste benefits to converted Christians challenged

The Legal Rights Protection Forum (LRPF), a legal activism non-profit organization has written to the Centre flagging the order issued in 1977 by the Andhra Pradesh government that extends concessions provided for Scheduled Castes to converted Christians.

In its letter to the Union Ministry of Social Justice and Empowerment, the LRPF stated that the G.O. released by the Social Welfare Department of Andhra Pradesh Government on 30.08.1977 arbitrarily divided the Scheduled Castes benefits into ‘Statutory’ and ‘non-Statutory’ benefits violating The Constitution (Scheduled Castes) Order 1950 and the Constitution of India.

“Ever since, the above referred G.O was issued, over the period of last 43 years, almost all the benefits like allotment of land/house, free electricity, loans which are intended to benefit SCs have been extended to Christian converts. With an estimated 80% conversion from SC into Christianity in the state of Andhra Pradesh, it is quite clear that lion’s share of SC benefits is being enjoyed by Christian converts with the help of above referred G.O.”, the LRPF observed in its complaint.

It stated that the Andhra Pradesh government has no power to alter constitutionally safeguarded reservations or the provisions of The Constitution (Scheduled Castes) Order 1950 promulgated by the President of India.

The Constitution (Scheduled Castes) Order 1950 states that any person who professes a religion different from Hinduism, Sikhism or Buddhism shall cease to be a member of the Scheduled Caste (SC).

“The moment an existing SC person stops practising and professing the above religions, he/she ceases to be a member of the Scheduled Caste and no benefit meant for the welfare of SCs can be extended to such person”, the LRPF noted in its complaint.

The complaint stated that since the G.O. was issued in 1977 when Andhra Pradesh was undivided, this arbitrary division of Scheduled Caste benefits into ‘Statutory’ and ‘non-Statutory’ was being implemented in Telangana too.

Adding further, the complaint noted that the 1977 G.O.  MS No. 341 gives dual benefits to converted Christians, as a separate category of Backward Classes – C (Converted Christians from SC community) already existed within the OBC category.

“Thus, by converting from SC to Christianity, a person is entitled to: 1) SC benefits as per the 1977 G.O. of Government of Andhra Pradesh, 2) Benefits under BC-C (SC Converts to Christianity) under OBC quota, 3) various schemes of AP Christian Minority Finance Corporation and 4) various schemes of AP State SC Finance Corporation.”, the LRPF complaint said.

The complaint observed that successive governments have placed special emphasis in various government document records that they are meticulously implementing the said G.O MS No. 341.

Speaking to The Commune, Working President of LRPF A.S. Santhosh, said “this injustice to the people of Scheduled Castes has been going on for the last 43 years.. no other state in the country has such an arbitrary and unconstitutional provision in place.”

He further added that the implementation of the said G.O since 1977 and the gradual expansion of its scope have snatched away a big chunk of the funds provided by the Centre and State governments meant for the people of original Scheduled Caste communities.

“The extent of diversion of funds can be gauged from the fact that, for the year 2019-20, the Andhra Pradesh government has allocated funds of the order of ₹15,000 crores under the Scheduled Caste component. These are meant for the welfare and development of original Scheduled Caste communities.”, Mr. A.S. Santhosh said adding that all these provisions are acting as direct incentives for conversion from SC Community to Christianity.

It is in light of this that the LRPF has requested the Union Ministry of Social Justice and Empowerment to examint eh legality of the said G.O. MS No. 341 of the Andhra Pradesh Government.

The letter has also been forwarded to the National Commission for Scheduled Caste and the Rashtrapati Bhavan.