Christian Dalits continue to suffer for their allegiance to the
Christian faith. They are discriminated against both within the church and
outside of the church. Their rights are trampled upon. Their very existence is
one of misery and suffering.
On behalf of all Dalit Christians, the All India Christian
Council (AICC) seeks immediate steps to amend the Presidential Constitutional
Scheduled Caste Order 1950, paragraph 3 [promulgated in the Union of India,
ministry of law notification No. SRO 385 (CO 19) dated 10.08.1950]. This is to
see that Christians of Scheduled Caste origin are treated as Scheduled Castes
for availing themselves of the reservation benefits under Articles 330, 332,
334, 335, 338, 341, 366(24).
According to the 1991 census, Dalit Christians constitute about
75 per cent of the total Christian population in India. Yet educationally,
culturally and economically, Dalit Christians are treated as people who have no
rights and they occupy the lowest position in society.
Realising their plight in the church and outside, Dr BR Ambedkar
had strongly condemned the suppression and oppression of Dalit Christians.
Mahatma Gandhi in his newspaper Harijan dated 26.12.1936 supported the
cause of Dalit Christians. Even former deputy prime minister, Babu Jagjivan Ram
openly voiced his concern over their plight and fought for their rights.
The (All India) Christian Council therefore seeks necessary
steps as per Article 341(1) to amend the Presidential Constitutional Scheduled
Caste Order 1950, paragraph 3. The 1950 order stands against Articles 15(2),
16(2) 29(2), the Freedom of Religion Act, the Removal of Caste Disabilities Act,
1850 and the Hindu Succession Act, 1925. The Union of India’s high power Panel
on Minorities, Scheduled Castes, Scheduled Tribes and Other Weaker Sections, in
its 1983 report observed that earlier disabilities continued for Dalit
Christians even after leaving the Hindu fold to the Christian faith.
The National Commission on Minorities has recently recommended
the extension of statutory benefits to SC Christians as Scheduled Castes.
According to the Government of India, ministry of welfare, note to the union
cabinet No. 12016/30/90-SCD (R Cell), the proposal of the ministry of welfare
has been corroborated as a positive step. Paragraph 26 of the proposal says:
"Taking these factors into consideration, the ministry of welfare proposes that
recognition of Scheduled Caste converts to Christianity as Scheduled Castes be
accepted. This will require amendment by an Act of Parliament to the relevant
provisions of the Constitutional Scheduled Castes Order, 1950".
Paragraph 32 of the proposal contains the observations made by
the joint secretary to the Union Government of India: "In the light of the
above, the approval of the cabinet is solicited on the proposal in para 26 to
include Christian converts from the Scheduled Castes as Scheduled Castes through
amendments to be effected by an Act of Parliament".
It may be recalled when the special rapporteur of the UN Human
Rights Commission on Religious Intolerance questioned the prevailing inequality
against Dalit Christians of India way back in 1997, the law secretary, union
government, positively acknowledged such a practice. According to Document Ref.
No. E/CN.4/1997/91/Add 1 dated 14.02.97, "Equality should be given to Dalit
Christians by making proper amendment in Parliament".
The national convention of the Parliamentary Forum of Scheduled
Castes and Scheduled Tribes passed a resolution on June 16-17, 1992 in New Delhi
to extend Scheduled Caste reservation facilities to Dalit Christians. A
memorandum signed by about 200 members of Parliament was submitted to then prime
minister, PV Narasimha Rao. A reminder memorandum signed by 54 members of
Parliament was submitted to PV Narasimha Rao on August 17, 1993. Another
memorandum signed by 325 members of Parliament was submitted to him in May
1995. In all at least 500 MPs signed in one or the other memoranda to the prime
minister on the issue of extending SC reservation to Dalit Christians.
Various state governments and commissions like the Mandal
Commission, the Backward Classes Commission of Andhra Pradesh, the Kumara Pillai
Commission in Kerala, the Elayaperumal Commission, the Sattanathan Commission,
the Chidambaram Commission, the Kaka Kalelkar Commission and Union Minorities
Commission reports had recommended to the central and state governments to
extend SC reservation privileges to Dalit Christians.
The Supreme Court on a number of occasions had clearly given
verdicts to support Dalit Christians. The only legislation directly impinging on
caste autonomy was the Caste Disabilities Removal Act (Act XXI of 1850 also
known as the Freedom of Religion Act), which provided forfeiture of civil or
property rights ‘by reason of renouncing or having been excluded from the
communion of any religion or being deprived of caste’.
Although Sikhism and Buddhism do not recognise the caste system,
Dalit Sikhs and Buddhists are given SC reservation privileges. In the same
manner, tribal Christians are considered as socially backward people and they
are treated as tribals. And no religion is referred to while giving privileges
to tribal Christians. In the same manner Dalit Christians may be extended
Scheduled Caste reservation privileges.
In 1997 the United Nations High Commissioner for Human Rights
published a letter, Document Ref. No. E/CN 4/1997/91/Add I dated 14.02.1997 on
religious intolerance prevailing in India. As a written reply, the Union of
India’s law secretary had agreed to solve the injustice done to Dalit Christians
by giving them equal Scheduled Caste privileges through necessary legislations.
The above document from the law secretary is cogent authoritative testimonial
evidence from the central government.
All these, prima facie, are evidences to substantiate the stand
taken by the (All India) Christian Council. Even in Parliament, union ministers
have given positive assurances on umpteen occasions. According to the
parliamentary Committee on Government Assurances’ rules and regulations, the
assurances are positive, cogent, authoritative evidences to prove Dalit
Christians’ social, educational, economic and cultural backwardness.
On behalf of the suffering Dalit Christians, AICC seeks
immediate measures to end the ill-treatment meted out to Dalit Christians and
see that they are treated as people of Scheduled Caste origin, enjoying all the
benefits reserved for the Scheduled Castes.