Fallacy of Appeal to Emotions, Rhetoric and Fallacy of Reifying
It is the case of the Converted Dalits that historically they belonged to the class of persons categorized as Scheduled Caste and though in recent past they converted to other religions, the treatment accorded to them and the hardships borne by them are the same as before and hence they should be granted the Scheduled Caste status as per the Constitution. It is to be noted that the Scheduled Caste status is granted only to those following Hinduism, Buddhism and Sikhism as per Presidential Orders issued under Art 341 of the Constitution in 1950 and amendments thereafter.
There has been a logical division into only two categories: Scheduled Caste and Non-Scheduled Caste. Further, Scheduled Caste status is granted only to followers of Hinduism, Buddhism and Sikhism as per Presidential Orders. The said two divisions are mutually exclusive and exhaustive. Hence, once the set of persons have moved to other religions the question of them having the Scheduled Caste status does not arise.
The arguments of the Converted Dalits run into pages narrating their living conditions and social status and concluding that nothing has changed for them even after them converting to other religions. Their narrative is an appeal to emotions and persuasive.
Logically furthermore, this is a Fallacy of Reifying whereby by equating the Converted Dalits the same as Scheduled Caste, the courts are made to believe them as Scheduled Caste and accord them Scheduled Caste status. A Fallacy of Reifying is where an abstract belief or hypothetical construct is treated as reality.
Going forward, for Converted Dalits appeasement and to be not seen as committing the Fallacy of False Dilemma, beyond the logical division of Scheduled Caste and Non-Scheduled Caste, a third division of ‘Converted Dalits Scheduled Caste’ may seem feasible. In such scenario, there will be a logical Classification rather than a logical Division. A logical Classification moves in the exact opposite direction of a logical Division. While a Division operates from the general into two or more mutually exclusive categories, a logical Classification operates by categorizing all members having similar or same attributes into one Class.