Winter
Session of Indian Parliament begins on November 19, 2009. A
million dollar worth question in the minds of Indian Dalit Christians,
“Will the Justice Misra Commission Report be tabled in
Parliament this time?” The commission report has suggested
to De-link Religion from Scheduled Caste and Dalits irrespective
of their religion suffer caste stigma and thus be given Scheduled
Caste status to all Dalits irrespective of religions.
“Commission for Minority Religion and Linguistic Minority”
known as “Misra Commission” was setup by United
Progressive Alliance (UPA) Government in 2005 to study and report
on socio-economic condition of Christians and Muslims converted
from Scheduled Caste origins. The Justice Misra Commission report
was submitted on May 22, 2007. Since then UPA Government has
delayed to give its consent that Supreme Court of India could
give its verdict to 59 years denial of constitutional Rights
to 20 million Indian Christians from Scheduled Caste origins.
If UPA Government is not willing to give its consent as per
the recommendation of Misra Commission, then why was the Commission
asked to study the socio-economic condition of Dalit Christians.
The fundamental, birth and constitutional rights of Christians
from Scheduled Caste origins have been denied for last 59 years.
Supreme Court of India has been postponing the Dalit Christian
reservation Civil Writ Petition for last six years, waiting
for UPA Government to give its consent.
After constitutional denial of Scheduled Caste origins converted
to Christianity and Muslims after the Presidential Order 1950,
a million dollar question remains in the minds of Indian Dalit
Christians "Will the Judicial system of India give justice
to Indian Dalit Christians now after 59 years of injustice done
to them?"
India's 75% Christians belong to Scheduled Caste communities
numbering to 20 millions, whose statutory and benefits available
in Constitutional were denied after 1950 Presidential Order.
The debate on Dalit Christian reservation is ongoing for many
decades in spite of repeated assurance given to Dalit Christian
communities to be included in Constitution Scheduled Caste Order
1950.
Background of Dalit Christian Reservation Movement
For first time, Indian's lowest caste known as "Untouchables"
or "Depressed Classes" have been identified as Scheduled
Castes introduced by Colonial Government of India in 1935.
In the following year Colonial Government of India (Scheduled
Castes) Order 1935 specified, "No Indian Christian shall
be deemed to be a member of a Scheduled Caste." Since then
any Scheduled Caste origins converted to Christianity lost its
Scheduled Caste status, although they remain economically, educationally,
socially and politically backward as much as before their conversion.
After India got Independent from Colonial power, while framing
Indian Constitution the Presidential Order of Scheduled Castes
and Scheduled Tribes Order 1950, the Scheduled Caste Origins
converted to any other faiths or religions different from Hinduism
has been left out in Para 3 of Article 341.
Dalit Sikhs protested and they are included in Constitution
(Scheduled Caste) Order 1950 after six years' denial of their
birth, fundamental and constitutional rights by amendment Para
3 of Article 341 in 1956.
Dalit Buddhists remained their birth, fundamental, constitutional
rights of scheduled caste status denied for 40 years until the
Para 3 of Article 341 was amended in 1990 to include them in
the Presidential Order.
Every time Dalit Sikhs and Dalit Buddhist demanded to be included
in Constitution (Scheduled Caste) Order 1950, assurances were
also given repeatedly to Scheduled Caste origins converted to
Christianity. The birth rights of Dalit Christians have been
kept suppressed for 59 years that too without any assurance
either from legislate nor political heads.
Political and Legislate Chronological on Dalit Christian
Reservation
The clause of Para 3 of Article 341 in Indian Constitution (Scheduled
Caste) Order 1950 clearly indicates "No person who professes
a religion different from Hinduism shall be deemed to be a member
of a Scheduled Caste."
In 1950 upon the representation of Christian leaders for not
including Scheduled Caste Christians in Constitution (Scheduled
Caste) Order 1950, the assurance from then the Prime Minister
and President via letter dated 7 November 1950 and 17 December
1950 respectively were given.
In 1953 Indian Central Government appointed "First Backward
Classes Commission" under Article 340 of Indian Constitution
to investigate the conditions of socially and educationally
backward classes within Indian Territory. The Commission submitted
its report on March 3, 1955 stating that within the Christian
society and church, those converts from Scheduled Caste origins
are discriminated such as like not allowed to sit together inside
the church, no inter caste marriages and separate cemetery etc.
This commission's report proves that although Christianity does
not preach caste but practices it. If the Scheduled Caste Order
1950 is given on the basis that Hinduism has caste, then Christian
converts from Scheduled Caste origin will also deserve to be
listed in the Constitution (Scheduled Caste) Order 1950.
In 1979,
the President of India by an Order, under Article 340 appointed
the second backward commission, which is known as "Mandal
Commission" to investigate the conditions of socially and
educationally backward classes within Indian Territory. The
commission submitted its report on December 31, 1980 that "conversion
from the faith to another did not change the socio-economic
status of a person. It was, therefore, desirable that converts
from Scheduled Castes to Buddhism, Christianity and etc. should
be treated as Scheduled Castes, but until this change was brought
about by legislation, all such converts should be listed as
Others Backward Classes (OBCs)" The Mandal Commission also
stated that "though caste system is peculiar to Hindu society
yet, in actual practice, it also pervades the non-Hindu communities
in India in varying degrees."
In 1980, The Minority Commission in its 3rd Annual Report 1980
in page No. 31 said that "The Commission has prima facie
felt that since the Christians, Muslims and Buddhists of Scheduled
Caste origin continue to suffer from social and economic disabilities
even after their conversion, there should be no objection to
their availing of the concessions admissible to them before
their conversion."
In 1984, The Supreme Court of India in the case of S. Anbalagan
Vs. Devarajan AIR 1984 SC 411, said that "the practice
of caste however irrational it may appear to our reason and
however are repugnant it may appear to our moral and social
sense, it so deep rooted in the India people that its mark does
not seem to disappear on conversion to a different religion."
In 1993, The Union Government of India included Scheduled Caste
converts to Christianity and Islam in the "Other Backward
Classes" in a resolution passed on September 10, 1993 by
Ministry of Social Welfare for the purposes of the reservation
on 27% vacancies in civil posts and service under the Government
of India.
In 1995, A memorandum signed by Members of Parliament dated
May 1, 1995 submitted to Shri. P. V. Narsimha Rao, the then
Prime Minister of India, for immediate inclusion of statutory
benefits to the Scheduled Caste converts to Christianity and
also requested to introduce the required Bill during the current
session of the Parliament.
In 1996, a memorandum dated February 20, 1996 and signed by
103 Bishops of India was submitted to Shri P. V. Narsimha Rao
to include statutory benefits to Scheduled Caste Converts to
Christianity in Presidential SC/ST Order 1950 by promulgating
an ordinance immediately.
In the same year, in a note for Cabinet dated March 3, 1996
Welfare Ministry had proposed to include Scheduled Caste converts
to Christianity as Scheduled Castes in the Presidential SC Order
1950 to make them eligible for all statutory safeguards and
benefits available to the members of Scheduled Caste.
The Cabinet approved this proposal at its meeting held on March
7, 1996 to introduce the Bill to amend the earlier Constitution
Scheduled Caste order. Although the Bill was listed for introduction
on March 12, 1996, it could not be introduced as some procedural
lapse and new government was expected to assume.
In 2003, Ministry of Social Justice & Empowerment, Government
of India in its Annual Report of 2002-2003 in Chapter 3, the
Scheduled Caste origins converted to Christianity did not avail
all the schemes implemented for various developmental program
for Scheduled Castes.
In 2004, Centre for Public Interest Litigation through its General
Secretary and T. Franklin Caesar of Tamil Nadu filed a Write
Petition dated March 22, 2004 under Article 32 of the Constitution
of India challenging the Para 3 of Article 341 of Constitution
(Scheduled Caste Order) 1950. More than dozen of individual
and advocates have filed the writ petition challenging the same
Para of same Article.
This case has been going on in Supreme Court of India ever since.
The next scheduled to hear on July 19, 2007.Dalits Christians
are at knock at the door of Indian Judicial system.
The Chronology
of Supreme Court Judgment on Dalit Christian Reservation
There are several hearings so far on Dalit Christian Reservation
after writ petition filed in Supreme Court of India apart from
many dates of adjourning.
1st SC Hearing: April 26, 2004, the first hearing was called
where advocates of petitioner presented and it was postponed
on May 3, 2004. The May 3, hearing seems adjourned.
2nd SC Hearing: April 11, 2005 hearing was called and gave the
order that "Mr. B K Prasad, Advocate, present in Court,
takes notice for the respondent. Formal notice need not issue.
List for final hearing in the month of August 2005. All the
parties seeking intervention/impalements may remain present
on the date the hearing is taken up. The parties who wish to
file synopsis of submissions may do so within four weeks.
3rd SC Hearing: August 23, 2005 hearing was called and gave
the order that "The learned Attorney General and the learned
Addl. Solicitor General make a statement on behalf of the Union
of India that the issue arising for decision in these petitions
is receiving the attention of the Government along with other
issues in a wider perspective and pray for hearing being adjourned.
Both the parties pray for a fixed date being given. List on
18th October, 2005."
4th SC Hearing: October 25, 2005 was adjourned with next hearing
in the last week of November 2005.
5th SC Hearing: November 28, 2005 was called for hearing and
gave the following order that the challenge in these matters
is to the constitutional validity of Paragraph (3) of the Constitution
(Scheduled Castes) Control Order, 1950. Therefore, investigation
from National Commission for Religious and Linguistic Minorities
had been sought in the context of the ceiling of fifty per cent
on reservation in terms of the decision of this Court in Indra
Sawhney vs. Union of India & Ors. (1992 Suppl. (3) S.C.C.217).
Supreme Court gave no opinion on the issues involved and gave
order to wait till Supreme Court hear the matter in detail after
the information is supplied. Court was adjourned with next hearing
in third week of February 2006.
The hearings were scheduled on February 12, 2006 and postponed
to April 5, 2006 then to July 12, 2006
6th SC Hearing: February 15, 2006 was adjourned with next hearing
in the first week of April 2006 as Misra Commission delayed
submission of its report.
Misra Commission called public opinion on extending Dalit Christian
reservation. Two studies at Delhi were conveyed by Centre for
Research and Development and Delhi University and one at Mumbai
by Tata Institute. Delegations of All India Christian Council
led by Dr. John Dayal attended all of theses studies. Dr. Dayal
termed these studies as highly skewed studies with Brahminacal
personalities.
Social Scientist, activists responded to these studies that
conversion of Dalits to any religion did not change their social
backwardness status as well as educational and economical condition.
They are same as before their conversion.
The scheduled of SC hearing in first week of April was further
postponed to July.
7th SC Hearing: July
12, 2006 was once again adjourned with next hearting in the
month of October as Misra Commission report was yet to complete.
Misra Commission report was finally ready to submit to United
Progressive Alliance Government in month of October 2006. Dalit
Christian went frustrated by delaying of the Misra report and
when it was finally ready to submit to UPA government, commission
was instructed to delay until Uttar Pradesh Assembly election
is over in first week of May.
Since the 7th Hearing on July 12, 2006, SC has listed the case
in many dates where times was sought by Learned Additional Solicitor
General and granted to list for latest hearing on December 1,
2009.
The Recommendations of Commissions on Dalit Christian
Reservation
The present Dalit Christian reservation case in Supreme Court
has been referred to Union Government to give its opinion on
giving Scheduled Caste statutory and beneficiaries to the Scheduled
Castes origins converted to Christianity in November 2005 hearing.
The UPA Government has setup National Commission for Religious
and Linguistic Minorities under the chairmanship of Justice
Raganath Misra known as Misra Commission to investigate the
economical, educational, sociological conditions of Scheduled
Caste origins converted to Christianity.
Enough Commissions before Misra Commission have been setup and
finding have been submitted with recommendations that Scheduled
Caste origins converted to Christianity still suffer caste stigma,
socially oppressed and economically, educationally and socially
backward. Why then another Misra Commission? What have the commissions
before Misra Commission said; will that be note valid reasons
for Scheduled Caste origins converted to Christianity to include
in Constitution Scheduled Caste Order 1950?
Elayaperumal Commission (1969): Report of the Elayaperumal Commission
in Para 32 says "The Committee found during tours that
all Scheduled Castes who got themselves converted to religions
other than Hinduism should be given all concessions which are
available to Scheduled Castes. This is because the Committee
found during tours that they suffer from the same disabilities
which the Scheduled Castes suffer."
Mandal Commission (1980): As stated above the Mandal Commission
in 1980 supported that Scheduled Castes converted to Christianity
be treated as Scheduled Caste as their conversion did not change
the conditions of socially, economically and educationally.
Misra Commission
(2005): Now the ball to give scheduled caste converted to Christianity
is in the court of Misra Commission. Misra Commission will not
find anything new but only charges from Sangh Parivar and affiliated
organizations against Dalit Christian Reservation.
The Sangh Parivar's opposition is not only Dalit Christians
but to all reservation system for Indian Dalit communities.
The Commissions before Misra Commission have given enough evidence
that Scheduled Caste origins converted to any religions remains
the same social, economic, education status even after their
conversion.
Misra Commission Report came to its expire of term after submitting
its report on May 25, 2007 with four members of five recommending
to extend SC status to all Dalits who converted to Christianity
while Asha Das - member secretary of the commission opposed.
Asha Das opposition to the commission recommendation seems like
to turn the ray of hope started dawning for Dalit Christians
into darkness after discrimination of 59 years of their birth
rights.
Union Government of India have referred to Misra Commission
Report and yet to give the consent upon which Supreme Court
of India is give its verdict to 20 million Indian Dalit Christians
whose Birth, Fundamental and Constitutional rights have been
denied for last 59 years.
Conclusion
After 6 years of struggle, Dalit Sikhs got their birth, fundamental
and constitutional rights to enjoy statutory and beneficiaries
of Scheduled Caste when Para 3 of Article 341 was amended in
1950. by including Scheduled Caste origins converted to Sikhism.
Dalit Buddhists got their rights to enjoy Scheduled Caste statutory
after 40 years of struggle when Para 3 of Article 341 was amended
in 1990 and Scheduled Caste origins converted to Buddhism listed
in Constitution (Scheduled Caste) Order 1950.
Dalit Christians are kept denied their birth, fundamental and
constitutional rights for last 56 years by abstracting their
names from Constitution Scheduled Caste Order 1950. The constitutional
denial of Scheduled Caste origins converted to Christianity
is triple oppression.
The allegation not to give Scheduled Caste status to Dalit Christians
on the ground that Christianity does not have caste, they why
Scheduled Caste status given to those Scheduled Caste origins
to Sikhism and Buddhism as both the religions does not have
caste.
On the other hand, if reservation for only those religions that
practices caste then Dalit Christians also deserve it because
they suffer caste stigma among Indian society.
Dalit Christians suffer caste oppressed before their conversion
and now. They suffer Religious persecution from religious fanatics
and constitutional denial of their statutory from Presidential
SC/ST order 1950 of which I term the triple discrimination of
India Dalit Christians.
Dalit Christians seeking to be included in Scheduled Caste status
is the constitution, birth and fundamental rights.
Will Indian Judicial system finally give justice to 20 Million
Indian Dalit Christians whose constitutional right was taken
away by Presidential Order 1950? Is the million dollar worth
question?
