However Para 3 of The Constitution (Scheduled Castes) Order, 1950 of the then President
revoked the above intrinsic entitlements when a Dalit Hindu converts to Christianity or Islam.
An extract from the report volume 1 of the Indian National Commission for Religious and Linguistic
Minorities states that "the Para 3 of The Constitution (Scheduled Castes) Order, 1950, should be
wholly deleted, de-link the scheduled caste status from religion, and make the scheduled castes
net fully religion-neutral". It also further states that the Presidential Order is unconstitutional and it
is a black letter written outside the Constitution introduced through the back door by an
executive order. It further states that under Article 341 the President has no authority to proclaim
the para 3 of the scheduled. Caste Order contrary to the Articles 15(2), 16(2), 29(2). The report
further states, the Presidential Order can be quashed as per the 1971 judgment of the Supreme
Court.
The above Order is clearly in violation of international human rights law. The 2007 CERD
concluding observations on India and the 2008 Report by the Special Rapporteur on Religion or
Belief point to the breach of the religious rights of the Dalit Christian and Dalit
We endorse the Draft recommendations of the Forum on Minority Issues on guaranteeing the
rights of religious minorities section 25 and urge the Government of India and Pakistan to ensure
the issues of the Dalit Christian and Dalit Hindu minorities are consistently integrated into and
reflected in governmental policies and programmes. We also urge the Government of India to
repeal The Constitution (Scheduled Castes) Order, 1950.
Thank you.
Email : savio_award@yahoo.com
Website www.idsn.org