APPEAL TO JOIN HANDS TO END

DISCRIMINATION AGAINST DALITS

 

 

Sponsored by:

All India Christian Council

All India Confederation of Scheduled Caste/Scheduled Tribes Organizations

 

 

It is a known fact that the world holds the people of India in great admiration for the way they cherish and uphold the values of freedom, democracy, secularism, equality and social justice. The Founding Fathers of the Republic of India have perpetuated these values of fundamental rights in the Constitution of India. The Government of India is mandated by the Constitution to govern by the principle of secularism – “Sarva Dharma, Sama Bhavana” – and the people by and large live by “Sarva Dharma, Sad Bahavana”.

 

However, there is something unconstitutional and inhuman in the government policy that discriminates against certain sections in society.  The 250 million Dalits (Scheduled Castes), who have been subjected to inhuman treatment on the basis of caste and religion, stand as a major challenge before the Constitution of India and her one billion people.

 

Provision of Protective Safeguards

In order to protect victims belonging to the Scheduled Castes against growing atrocities, laws like the Protection of Civil Rights Act 1955 and the Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act 1989 have been enacted. But whenever atrocities are committed against the Dalits, they find themselves being denied the benefits of these laws on account of a discriminatory clause in a Presidential Order.

 

The Constitution guarantees reservation facilities to all Scheduled Castes, Scheduled Tribes and other weaker sections of society in view of their socio-economic disabilities, and their educational and cultural backwardness without discrimination on the basis of gender or religion. Article 341 of the Constitution requires that the President of India specify in each Union Territory castes, races, tribes and sub-castes affected by the disabilities and the traditional policies of untouchability. The President has brought out the list of Scheduled Castes through a Presidential Order known as the Constitution (Scheduled Castes) Order 1950. Para 1 of the Order gives the title of the Order and Para 2 notifies the list of Scheduled Castes.

 

Flaws in the Constitutional Provisions

Unfortunately, while fulfilling his constitutional obligation under Para 1 and Para 2, the President added an unnecessary and unconstitutional clause in Para 3 going beyond the requirements of Article 341. While the castes affected by the traditional practices of untouchability have been enumerated without any religious basis vide Para 2 of the Order, Para 3 has brought in a condition that the Scheduled Castes enumerated in the list must belong to a particular religion in order to avail themselves of the Constitutional benefits as Scheduled Castes. “The particular religion” of course refers to the Hindu religion! Thus while the Constitution considers all Scheduled Castes as equal and does not discriminate anyone on the basis of religion, Para 3 of the above Presidential Order denies all Scheduled Castes the fundamental right to religious freedom if they want to avail themselves of the statutory and non-statutory benefits as citizens and Scheduled Castes.

 

How this religious criterion found its way into the Presidential Order remains a mystery since Para 3 of the Order in the original document was rejected by the Drafting Committee of the Constitution under the chairmanship of Dr. BR Ambedkar during its meeting on 11 February 1949, as it violated the fundamental right to religious freedom guaranteed vide Article 25 of the Constitution.  It was not possible for the Union Cabinet with Dr. BR Ambedkar as Law Minister to include Para 3 again before sending the draft to the President for approval.

 

We find it difficult to believe that the President of India, who is supposed to protect the Constitution, would have knowingly gone against it by including an anti-Constitutional clause in his Order.  It could therefore be possible that the anti-Dalit clause in Para 3 of the Presidential Order got into the final text through the backdoor. Once signed and promulgated, even the President of India could not delete it without again following the procedure of the Presidential Order or through an Act of Parliament.

 

Partial Rectification

Shocked by the draconian clause in the Presidential Order, innumerable demonstrations and protests were held in different parts of the country to end this discrimination, particularly for the inclusion of Scheduled Castes following Sikhism, Buddhism and Christianity.  As a result, Para 3 was amended to include the Scheduled Castes following Sikhism and Buddhism in 1956 and 1990 respectively, promising inclusion of the Scheduled Castes following the Christian Faith as soon as possible.

 

Many state governments have recommended that the Social Justice and Empowerment Ministry seek amendment to the Presidential Order. The National Commission for Scheduled Castes and Scheduled Tribes under the Union Welfare Ministry and other High Power Panels on Minorities, Scheduled Castes and Scheduled Tribes and other weaker sections, in their report (Volume 1 dated 14 June 1983 - Para 13) has strongly recommended that Scheduled Caste converts to Christianity be accepted as Scheduled Castes.

 

Similarly, the National Commission of the Parliamentary Forum of Scheduled Castes and Scheduled Tribes on 16-17 June 1992, passed a resolution in New Delhi to extend Scheduled Castes reservation facilities to Dalit Christians. A memorandum signed by 200 members of Parliament was submitted to former Prime Minister PV Narasimha Rao. In all, at least 500 MPs signed one memorandum or another to the Prime Minister regarding extending SC reservation to Dalit Christians. Also, various social welfare exploration committees nominated by the Central and State Governments for extending reservations recommended extending SC reservations to Dalit Christians.

 

Despite assurances made by former Prime Minister Rajiv Gandhi and succeeding Prime Ministers to end discrimination on the basis of religion, as well as other decisions made by the Union Cabinets headed by former Prime Ministers VP Singh, PV Narasimha Rao and Deva Gowda to amend Para 3 of the Order to include the Scheduled Castes following the Christian Faith, justice is still evades them.

 

This has prompted many national leaders to speak out for the suffering Dalits. Janata Dal Secretary General Ram Vilas Paswan says, “Dalit Christians are socially and educationally backward and so we support the demand.  Since Christians and Muslims belonging to Scheduled Tribes are already getting the benefit, why not Dalit Christians?”

 

CPI (M) politburo member Prakash Karat says, “We support the demand of reservations for Dalit Christians as they suffer from the same social discrimination as other Dalits.” Advocate General Soli Sorabjee says, “If you accept the principle of reservation for SCs and STs, it is not rational to deny the same to them only on the grounds that they have embraced Christianity.  That would be discriminatory on the grounds of religion.”

 

This is not the problem of Dalit Christians alone.  The policy denies this fundamental right to the 250 million Dalits to adopt a religion of their choice or not to believe in any religion, and yet to avail themselves of the benefits as citizens and Scheduled Castes.  In fact, all the people believing in the promotion of human rights, secularism and equal justice must raise their voices to end this Indian version of apartheid.

 

Same Disabilities

Even now a section of the Dalits is being denied Government subsidies and statutory benefits because they follow the Christian faith. Even children of the same Dalit parents living under the same roof and sharing the same meals are face discrimination because of this cruel policy.  Should we allow this discrimination to continue? Shouldn’t our Parliamentarians and the Government be committed to secularism and equal justice and consider this issue as a priority? Shouldn’t we fight through democratic means to get the draconian law rectified?

 

Dalit Christians are an integral part of the progeny of those affected by traditional untouchability and other disabilities like their counterparts in other religions.  The Government-appointed Courts, Supreme Court and national leaders have proven these ground realities. Even if a Dalit is nominally a Christian, Muslim, Hindu or Sikh, he is still a Dalit.  He cannot change what he has inherited from Hinduism. Dr. BR Ambedkar rightly says: “To the general mass of Hindus, the untouchable remains an untouchable even though he becomes a Christian.”

 

Resorting to Delay Tactics

On behalf of the suffering Dalits, a Public Interest Litigation was recently filed in the Supreme Court, seeking immediate measures to amend the repugnant Para in the Presidential Constitutional Scheduled Caste Order 1950. The Supreme Court has asked the Union Government to give comments on the widespread discrimination of Dalit Christians. Instead of giving a straight answer, the Government resorted to delay tactics by appointing yet another commission.

 

Incidentally the Government has appointed several commissions from 1950, and all the commissions have recommended that the Dalits following the Christian faith be extended the same benefits. Some of the commissions appointed by the Central and State Governments for extending reservations include the Mandal Commission, the Backward Class Commission in Andhra Pradesh, the Elayaperumal Commission, the Satanathan Commission, the Chidambaram Commission, the Kaka Kalelkar Commission and the Union Minorities Commission.

 

The All India Christian Council and the Confederation of Scheduled Castes and Scheduled Tribes Federations therefore jointly seek 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 Religious Act, the Removal of Caste Disabilities Act 1850 and the Hindu Succession Act 1925. The Union of India’s high power panel on Minorities, Schedule 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 Supreme Court has also given verdicts on a number of occasions in support of Dalit Christians. The Supreme Court in its verdict on the Mandal Case says, “To deny them (Schedule Castes) the constitutional protection of reservation solely by reason of change of faith or religion is to endanger the very concept of secularism.”

 

This is to force the Union government  to end the inhuman discrimination by repealing or amending  Para 3 of the Constitution (Scheduled Castes) order 1950 to include Scheduled Castes following Christian Faith at par with the Scheduled Castes of Hinduism, Sikhism and Buddhism.

 

 

Quotable Quotes

 

 

Ajit Jogi, Ex-Chief Minister of Jharkhand:

 

“A tribal Christian gets the benefits extended to the Scheduled Tribes.  The Government has already extended reservations to Dalit Sikhs and Buddists by amending the law in 1956 and 1990. Why should Dalit Christians be discriminated against?”

 

Ram Vilas Paswan, JD Secretary-General:

 

“Dalit Christians are socially and educationally backward and so we support the demand.  Since Christians and Muslims belonging to Scheduled Tribes are already getting the benefit, why not Dalit Christians?”

 

Prakash Karat, CPI (M) politburo member:

 

“We support the demand of reservations for Dalit Christians as they suffer from the same social discrimination as other Dalits.”

 

Sitaram Kesari, former Union Welfare Minister:

 

“Change of religion has not eliminated the disability.  The scheduled castes cannot be discriminated against on the basis of religion.”

 

Soli Sorabjee, Advocate General:

 

“If you accept the principle of reservation for SCs and STs, it is not rational to deny the same to them only on the ground that they have embraced Christianity.  That would be discriminatory on the ground of religion.”