Legal quiz- Religious base of SC/ST

As a common man i wish to know what conditions were fulfilled by Scheduled Castes converted to Sikh and Buddist at the first hand? Why Supreme court of NRI sorry India admitted that provision and is against inclusion of SC converted to Islam? BJP/RSS stand is that Musalman does not have caste system hence not eligible. But do the Sikh/Buddists admit having caste system in their respective religion? And do the learned judges in the supreme court in India support the view expressed by the BJP/RSS pracharaks?

All Scheduled tribes by this time have already been conveerted back to Hindu Scheduled Castes by kind courtesy Mr Raja Judev. None is left and there is none still claiming to be professing Islam be given any rservation. Thank God (of Higher Castes).

 

As regards quiz; I don't know as to whether there is any such criteria for ST too.

 

I wish ever to know different interpretations regarding constitutional provisions.

 

That, what constitutional provisions says is there, but what I know about RIGHTS is that;

the titles "SCHEDULED CASTE" and "SCHEDULED TRIBE" doesn't mean that the persons belongs to these classes should belongs to any specific religion BUT "SCHEDULE CASTE/TRIBE" means "NOTIFIED SECTIONS' TO WHICH THE PEOPLE BELONGS ARE ELIGIBLE TO HAVE THERE RIGHTS BACK WHICH WERE GRABBED BY EXPLOITERS UNDER PRETEXT OF ANY TYPE OF DISCRIMINATION.

It is a fake logic that if a person who is notified as SC or ST if changes his/her religion so his/her rights to get their property back from the exploiters, who grabbed under pretext of caste/religion based discrimination, will be withdrawn.  THEIR CLAIM STANDS GOOD TO GET BACK/RECOVER THEIR PROPERTY AND WILL BE STAND GOOD TILL WHEN THE SAME IS NOT RECOVERED. 

 

 

More view here;

 

https://www.lawyersclubindia.com/forum/UN-will-treat-caste-discrimination-as-human-rights-violation-9340.asp

 

Now, please enlighten us with the correct answer of the question in the quiz.

 

The citizens of Union of India whose generations have been exploited for 5000 years under pretext of caste are now notified in the SCHEDULE OF CASTE AND IN THE SCHEDULE OF TRIBE FOR RESERVATION.  Secured job in Government should be given to there next generations for coming 5000 years to those who are SCHEDULED for this reason.  

 

THIS IS CALLED "EQUAL JUSTICE BEFORE LAW". 

Originally posted by :Dr. V.N. Tripathi
"	According to the Constitution (Scheduled Castes) Order, 1950, a person professing a religion other than Hindu,Sikh or Buddhist can not be a member of scheduled caste. Is there any such criteria for scheduled tribe also?	"

 

Dear Mr. Tripathi, people are waiting, now please disclose the answer of your quiz.

The Constitution (Scheduled Tribes) Order, 1950 does not put such condition. Now it is to be seen, what religion a member of scheduled tribe professes? or Can it be said that a tribe professing any religion can be declared as Scheduled Tribe? or can it be said that a non Hindu/Sikh/Buddhist can not be a scheduled caste but can be a Scheduled Tribe? Honestly speaking , I am not conversant with social structure of tribes. I want to know about that. There are not enough decisions of supreme court about STs.

" Is there any such criteria for scheduled tribe also?"

the straight answer is - no.

where the base of sc is religion ( caste available in hindu society only) ; st based on  triabal area. hindu and christian both are available in st.

i have heared some mohamedan castes declared as sc at rajasthan. can anybody light on it?

actually as per constitution scheduling a perticular caste or tribe is the subject of state goverbnment.

a person converted to another religion can not claim scheduled caste status

- soosai vs UOI, AIR 1986,SCC 733.

 

 

 

Originally posted by :Ram Samudre-DRF
"	It is a fake logic that if a person who is notified as SC or ST if changes his/her religion so his/her rights to get their property back from the exploiters, who grabbed under pretext of caste/religion based discrimination, will be withdrawn.  THEIR CLAIM STANDS GOOD TO GET BACK/RECOVER THEIR PROPERTY AND WILL BE STAND GOOD TILL WHEN THE SAME IS NOT RECOVERED.	"

 

Originally posted by :Arup
"	" Is there any such criteria for scheduled tribe also?" the straight answer is - no. where the base of sc is religion ( caste available in hindu society only) ; st based on  triabal area. hindu and christian both are available in st. i have heared some mohamedan castes declared as sc at rajasthan. can anybody light on it? actually as per constitution scheduling a perticular caste or tribe is the subject of state goverbnment.	"

 

Contradiction in this matter :

Whereas the caste atrocity is a non bailable severe crime against civil society, WHY NOT Hinduism is treated as the most severe crime against  civil society which is the ROOT CAUSE OF CASTISM???

 

Someone please clarify this contradiction.

 

 

In view of the facts as brought out above, the Government should encourage conversion of religion from Hindu to other religion by the persons who comes under scheduled caste by giving them more other facilities besides reservation. Residential and agriculture land with cash prize of 5 lacs rupees should be given to them.  By such social and national development programmes the India will become free from caste discrimination.

How come schedule castes converted to Sikh and Buddists are allowed.?Should we say Order of the Supreme Court of NRI sorry India of 1986 stands null and void in 2011? Any other views please.

Dear Ram Samudre,

Kindly don't see Hindu relegion  restrictively . it is  always  inclusive. No one in the universe is beyond it's scope. There is nothing in any religion which is not included in Hinduism. All  faiths and religions  can be treated as  branches or parts and particles of Hinduism.

Seeing any religion separate from Hinduism is just like seeing a glass of water taken from the see and saying that it is another sea. You are advocating to convert the sea in to  water of glasses. It is impossible. Kindly don't mislead and missguide the ignorant people.

That who say that some religion is diferent from Hinduism, doesn't know the true meaning of Hinduism.

You may see and understand the meanings of messages  of  Dr. Tripathi on his philosophical blogs.

However, the present thread relates to purely legal question in the light of  the law and the constitution as it is  and not as it ought to be.