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 The High Court in Chennai has ruled that Christian Dalits are not entitled to the special benefits provided under the Constitution for so-called "Scheduled Castes". According to media reports, the court made the ruling in a case concerning a Dalit born to Hindu parents who had converted to Christianity and later re-converted to Hinduism.
As a Hindu Dalit, the person was entitled to quota benefits provided to members of "Scheduled Castes" enabling members of India's lowest castes to gain preferential access to government posts. A division bench comprising Justices Dharma Rao and SK Krishnan allowed a petition by R Shankar, who challenged the Tamil Nadu Public Service Commission's rejection of his application to the post of civil judge under the Scheduled Caste quota. Shankar said he was born to Dalit Christian parents, but in 1983 he converted to Hinduism and received a Scheduled Caste community certificate. Despite passing examinations and interview for a civil judge post, his appointment was held up for verification of community (caste) status. When he was told he could not be appointed under the quota system since he was born in a Christian family, he challenged the decision in court. The judges ruled that though his parents were Christian, his re-conversion to Hinduism was acceptable. For Fr Babu Joseph, spokesman for the Bishops' Conference of India, the case raises a serious question, namely "why talk about rights when two people with the same social status are treated differently on the basis of their religious status?" "The court's decision has reinforced our resolve to obtain for Dalit Christians the same treatment for members of other religions," he insisted. "This kind of discrimination cannot exist in a democratic nation like India, which should deal fairly and impartially with its citizens and their rights." John Dayal, president of the All India Catholic Union and long time activist for the rights of Dalit Christians, said "the court's ruling reflects the fact that in India the problem of the caste system is misunderstood, a problem that transcends religion." "This ruling of the high court is in keeping with the current law as enunciated by the courts. It reaffirms that in India, there is a complete lack of understanding of the issue of caste and its societal ramifications. Caste transcends religion. Caste bias is a societal malaise, rooted not in the person affected but the society which surrounds him. This is why we are in the Supreme Court to tell the court that caste infirmity and bias does not end if you change your religion to Christianity or Islam. Sikhs and Buddhists, which belong to religions very different from Hinduism, have now the same rights as Hindu Dalits because of political patronage. Christians have no political patronage. At another level, this law also punishes those Hindus who want to adopt the Christian faith. They can lose their jobs on conversion. If they reconvert, they get the benefits back. In that way, it is an allurement and coercion to keep Dalits within Hinduism, “he said.
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