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The central government apparently behind delay in granting government benefits to Christian and Muslim Dalits experiencing severe discrimination

HYDERABAD – April 26, 2008 – Since March 27, 2008, the Supreme Court of India has repeatedly delayed the hearing on lawsuits by Dalit Christians and Muslims requesting restoration of full Constitutional rights. The court, and India’s central government, continues to uphold 58 years of religious-based discrimination through their inaction. Meanwhile, a government report said Dalit Christians and Muslims experience the same discrimination as other Dalits, but confusingly, a few weeks later, a senior government leader referred the issue to yet another commission.

In a case first heard on April 26, 2004, a Dalit Christian plaintiff asked for Scheduled Caste (SC) status. This status brings special government benefits, such as reserved places in public educational institutions and government jobs. Currently, only Hindu, Sikh, and Buddhist Dalits are given SC status.

At the eleventh hearing on January 23, 2008, the central government’s lawyer asked for eight more weeks to refine recommendations for any change in policy. Two government commissions which studied the issue in 2007 recommended that benefits for Dalits, formerly known as untouchables, should not be linked to their religion. Beginning on March 27, the case has been listed at number 20 or higher on the daily schedule. The court typically only hears a dozen cases a day.

Meanwhile, a report titled “Dalits in the Christian and Muslim Communities: A Status Report on Current Social Scientific Knowledge” was released on January 17, 2008. Sponsored by the National Commission for Minorities and written by university researchers, the report found the economic and social status of Dalit Christians and Dalit Muslims is roughly the same as other Dalits. Yet on March 3, 2008, Minister of Social Justice & Empowerment, Ms. Meira Kumar, told Parliament that the matter has been referred to the National Commission for Backward Classes.

Dr. Sam Paul, National Secretary of Public Affairs, All India Christian Council (aicc) said, “The delay game of the Supreme Court has frustrated the Dalit Christian and Dalit Muslim community. Numerous commissions and reports have shown that Dalits, regardless of their religious background, suffer discrimination both socially and economically. The delay in changing this unjust law is inexcusable.”

Soon after government benefits were granted to Dalits in India’s Constitution, the benefits were restricted to Hindu Dalits by the “Constitution (Scheduled Caste) Order,” one of many Presidential Orders given in 1950. It was later amended to included Sikhs and Buddhists in 1956 and 1990, respectively. A public interest litigation case challenging the Presidential Order was filed by the Centre for Public Interest Litigation on behalf of Mr. T. Franklin Caesar, a Dalit Christian, in 2004.

Dr. Sam Paul said, “Why does the court, obviously under instructions from the central government, keep claiming it needs more opinions and data? Why does the government lawyer keep requesting more time to think? How many government reports and commissions must state the truth – all Dalits need assistance in the face of continuing discrimination – before they will act? I’m personally appalled because Dalit Sikh and Dalit Buddhist demands for government benefits were given without any similar harassment.”

The government received opinions from the Justice Misra National Commission on Linguistic & Religious Minorities (May 2007) and the National Commission on Scheduled Castes (late 2007). Both recommended delinking religion from benefits for Dalits.

But the National Commission on Scheduled Castes said any new benefits, specifically reserved spots for jobs or university seats, should not encroach on the existing 15% allotted to Hindu, Sikh, and Buddhist Scheduled Castes. A new government policy will be difficult to craft given the current reservations (15% for Dalits, 7.5% for Tribals) and a Supreme Court ruling on April 10, 2008 which upheld reservations of 27% for Other Backward Castes. This totals 49.5% and an earlier Supreme Court ruling capped reservations at 50% of available positions in public sector institutions or jobs.

The aicc has given logistical and other support to the main plaintiff, Mr. Caesar. The case on Dalit Christians (Writ Petition Civil No. 180 of 2004) has been combined with two other Dalit Christian cases (Writ Petition Civil No. 625 of 2005, and 94 of 2005) and a Dalit Muslim case (Writ Petition Civil No. 47 of 2006). Thus, a ruling on this case will affect millions across India.

The All India Christian Council (www.aiccindia.org), birthed in 1998, exists to protect and serve the Christian community, minorities, and the oppressed castes. The aicc is a coalition of thousands of Indian denominations, organizations, and lay leaders.