Christian Dalits continue to suffer for their allegiance to the Christian faith. They are discriminated against. Their rights are trampled upon. They are not even considered as citizens of independent India. 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 Schedule 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 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 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.

n MiThe National Commission onorities has recently recommended the extension of statutory benefits to SC Christians as Schedule 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 Schedule Castes through amendments to be effected by an Act of Parliament.”

It may be recalled when the special reporter on 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.”

National Convention of the Parliamentary Forum of SCs and STs passed a resolution on 16-17 June 1992 in New Delhi to extend Scheduled Castes reservation facilities to Dalit Christians.  A memorandum signed by about 200 members of Parliament was submitted to then Prime Minister PV Narashimha Rao.  A reminder memorandum signed by 54 members of Parliament was submitted to PV Narasimha Rao on 17.08.1993.  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 Class Commission of Andhra Pradesh, the Kumara Pillai Commission Report in Kerala, the Elayaperumal Commission, the Satananthan Commission, the Chidambaram Commission Report, the Kaka Kalelkar Commission Reports 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 Religious 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 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 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, prime facie, are evidences to substantiate the stand taken by the Christian Council. Even in Parliament, Union Ministers had given positive assurances on umpteen occasions. According to the Parliamentary Assurances Committee’s rules and regulations, the assurances are the positive cogent authoritative evidences to prove Dalit Christians’ social, educational, economical 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.

Signed:

Dr Joseph D’Souza,