60 Years of Constitutional Rights Denied to 20 Millions Indian Dalit Christians

A Chronology of Dalit Christians Rights Movement

By Madhu Chandra

Monsoon Session of Indian Parliament began on July 26, 2010. A million dollar worth
question in the minds of Indian Dalit Christians is “Will the Government of India take up
Dalit Christian issue this time?” The Supreme Court of India has informed on February 16,
2010 in hearing of Dalit Christian reservation case that Government of India is considering
implementing the recommendation of Misra Commission.

“Commission for Minority Religion and Linguistic Minority” known as “Misra Commission”
was setup by United Progressive Alliance (UPA) Government in 2005 to study and report
on socio-economic condition of Christians and Muslims converted from Scheduled Caste
origins. The Justice Misra Commission report was submitted on May 22, 2007. Since then
UPA Government has delayed to give its consent that Supreme Court of India could give
its verdict to 60 years denial of constitutional Rights to 20 million Indian Christians from
Scheduled Caste origins.

The commission report has suggested to De-link Religion from Scheduled Caste and
Dalits who, irrespective of their religion, suffer caste stigma and Scheduled Caste status to
should be given all Dalits irrespective of their religions.

If UPA Government is not willing to give its consent as per the recommendation of Misra
Commission, then why was the Commission asked to study the socio-economic condition
of Dalit Christians.

The fundamental, birth and constitutional rights of Christians from Scheduled Caste
origins have been denied for last 60 years. Supreme Court of India has been postponing
the Dalit Christian reservation Civil Writ Petition for last six years, waiting for UPA
Government to give its consent.

After constitutional denial of Scheduled Caste origins converted to Christianity and

Muslims after the Presidential Order 1950, a million dollar question remains in the minds
of Indian Dalit Christians "Will the Judicial system of India give justice to Indian Dalit
Christians now after 60 years of injustice done to them?"

India's 75% Christians belong to Scheduled Caste communities numbering to 20 millions,

whose statutory and benefits available in Constitutional were denied after 1950
Presidential Order. The debate on Dalit Christian reservation is ongoing for many decades
in spite of repeated assurance given to Dalit Christian communities to be included in
Constitution Scheduled Caste Order 1950.

Background of Dalit Christian Reservation Movement

For first time, Indian's lowest caste known as "Untouchables" or "Depressed Classes"
have been identified as Scheduled Castes introduced by Colonial Government of India in
1935.

In the following year Colonial Government of India (Scheduled Castes) Order 1935
specified, "No Indian Christian shall be deemed to be a member of a Scheduled Caste."
Since then any Scheduled Caste origins converted to Christianity lost its Scheduled Caste
status, although they remain economically, educationally, socially and politically backward
as much as before their conversion.
After India got Independent from Colonial power, while framing Indian Constitution the
Presidential Order of Scheduled Castes and Scheduled Tribes Order 1950, the Scheduled
Caste Origins converted to any other faiths or religions different from Hinduism has been
left out in Para 3 of Article 341.

Dalit Sikhs protested and they are included in Constitution (Scheduled Caste) Order 1950
after six years' denial of their birth, fundamental and constitutional rights by amendment
Para 3 of Article 341 in 1956.

Dalit Buddhists remained their birth, fundamental, constitutional rights of scheduled caste
status denied for 40 years until the Para 3 of Article 341 was amended in 1990 to include
them in the Presidential Order.

Every time Dalit Sikhs and Dalit Buddhist demanded to be included in Constitution
(Scheduled Caste) Order 1950, assurances were also given repeatedly to Scheduled
Caste origins converted to Christianity. The birth rights of Dalit Christians have been kept
suppressed for 59 years that too without any assurance either from legislate nor political
heads.

Political and Legislate Chronological on Dalit Christian Reservation

The clause of Para 3 of Article 341 in Indian Constitution (Scheduled Caste) Order 1950
clearly indicates "No person who professes a religion different from Hinduism shall be
deemed to be a member of a Scheduled Caste."

In 1950 upon the representation of Christian leaders for not including Scheduled Caste
Christians in Constitution (Scheduled Caste) Order 1950, the assurance from then the
Prime Minister and President via letter dated 7 November 1950 and 17 December 1950
respectively were given.

In 1953 Indian Central Government appointed "First Backward Classes Commission"

under Article 340 of Indian Constitution to investigate the conditions of socially and
educationally backward classes within Indian Territory. The Commission submitted its
report on March 3, 1955 stating that within the Christian society and church, those
converts from Scheduled Caste origins are discriminated such as like not allowed to sit
together inside the church, no inter caste marriages and separate cemetery etc. This
commission's report proves that although Christianity does not preach caste but practices
it. If the Scheduled Caste Order 1950 is given on the basis that Hinduism has caste, then
Christian converts from Scheduled Caste origin will also deserve to be listed in the
Constitution (Scheduled Caste) Order 1950.

In 1979, the President of India by an Order, under Article 340 appointed the second
backward commission, which is known as "Mandal Commission" to investigate the
conditions of socially and educationally backward classes within Indian Territory. The
commission submitted its report on December 31, 1980 that "conversion from the faith to
another did not change the socio-economic status of a person. It was, therefore, desirable
that converts from Scheduled Castes to Buddhism, Christianity and etc. should be treated
as Scheduled Castes, but until this change was brought about by legislation, all such
converts should be listed as Others Backward Classes (OBCs)" The Mandal Commission
also stated that "though caste system is peculiar to Hindu society yet, in actual practice, it
also pervades the non-Hindu communities in India in varying degrees."

In 1980, The Minority Commission in its 3rd Annual Report 1980 in page No. 31 said that
"The Commission has prima facie felt that since the Christians, Muslims and Buddhists of
Scheduled Caste origin continue to suffer from social and economic disabilities even after
their conversion, there should be no objection to their availing of the concessions
admissible to them before their conversion."

In 1984, The Supreme Court of India in the case of S. Anbalagan Vs. Devarajan AIR 1984
SC 411, said that "the practice of caste however irrational it may appear to our reason and
however are repugnant it may appear to our moral and social sense, it so deep rooted in
the India people that its mark does not seem to disappear on conversion to a different
religion."

In 1993, The Union Government of India included Scheduled Caste converts to

Christianity and Islam in the "Other Backward Classes" in a resolution passed on
September 10, 1993 by Ministry of Social Welfare for the purposes of the reservation on
27% vacancies in civil posts and service under the Government of India.

In 1995, A memorandum signed by Members of Parliament dated May 1, 1995 submitted

to Shri. P. V. Narsimha Rao, the then Prime Minister of India, for immediate inclusion of
statutory benefits to the Scheduled Caste converts to Christianity and also requested to
introduce the required Bill during the current session of the Parliament.

In 1996, a memorandum dated February 20, 1996 and signed by 103 Bishops of India
was submitted to Shri P. V. Narsimha Rao to include statutory benefits to Scheduled
Caste Converts to Christianity in Presidential SC/ST Order 1950 by promulgating an
ordinance immediately.

In the same year, in a note for Cabinet dated March 3, 1996 Welfare Ministry had
proposed to include Scheduled Caste converts to Christianity as Scheduled Castes in the
Presidential SC Order 1950 to make them eligible for all statutory safeguards and benefits
available to the members of Scheduled Caste.

The Cabinet approved this proposal at its meeting held on March 7, 1996 to introduce the
Bill to amend the earlier Constitution Scheduled Caste order. Although the Bill was listed
for introduction on March 12, 1996, it could not be introduced as some procedural lapse
and new government was expected to assume.

In 2003, Ministry of Social Justice & Empowerment, Government of India in its Annual
Report of 2002-2003 in Chapter 3, the Scheduled Caste origins converted to Christianity
did not avail all the schemes implemented for various developmental program for
Scheduled Castes.

In 2004, Centre for Public Interest Litigation through its General Secretary and T. Franklin
Caesar of Tamil Nadu filed a Write Petition dated March 22, 2004 under Article 32 of the
Constitution of India challenging the Para 3 of Article 341 of Constitution (Scheduled
Caste Order) 1950. More than dozen of individual and advocates have filed the writ
petition challenging the same Para of same Article.

This case has been going on in Supreme Court of India ever since. The next scheduled to
hear on July 19, 2007.Dalits Christians are at knock at the door of Indian Judicial system.
The Chronology of Supreme Court Judgment on Dalit Christian Reservation

There are several hearings so far on Dalit Christian Reservation after writ petition filed in
Supreme Court of India apart from many dates of adjourning.

1st SC Hearing: April 26, 2004, the first hearing was called where advocates of petitioner
presented and it was postponed on May 3, 2004. The May 3, hearing seems adjourned.
2nd SC Hearing: April 11, 2005 hearing was called and gave the order that "Mr. B K
Prasad, Advocate, present in Court, takes notice for the respondent. Formal notice need
not issue. List for final hearing in the month of August 2005. All the parties seeking
intervention/impalements may remain present on the date the hearing is taken up. The
parties who wish to file synopsis of submissions may do so within four weeks.

3rd SC Hearing: August 23, 2005 hearing was called and gave the order that "The learned
Attorney General and the learned Addl. Solicitor General make a statement on behalf of
the Union of India that the issue arising for decision in these petitions is receiving the
attention of the Government along with other issues in a wider perspective and pray for
hearing being adjourned. Both the parties pray for a fixed date being given. List on 18th
October, 2005."

4th SC Hearing: October 25, 2005 was adjourned with next hearing in the last week of
November 2005.

5th SC Hearing: November 28, 2005 was called for hearing and gave the following order
that the challenge in these matters is to the constitutional validity of Paragraph (3) of the
Constitution (Scheduled Castes) Control Order, 1950. Therefore, investigation from
National Commission for Religious and Linguistic Minorities had been sought in the
context of the ceiling of fifty per cent on reservation in terms of the decision of this Court in
Indra Sawhney vs. Union of India & Ors. (1992 Suppl. (3) S.C.C.217). Supreme Court
gave no opinion on the issues involved and gave order to wait till Supreme Court hears
the matter in detail after the information is supplied. Court was adjourned with next
hearing in third week of February 2006.

The hearings were scheduled on February 12, 2006 and postponed to April 5, 2006 then
to July 12, 2006

6th SC Hearing: February 15, 2006 was adjourned with next hearing in the first week of
April 2006 as Misra Commission delayed submission of its report.

Misra Commission called public opinion on extending Dalit Christian reservation. Two
studies at Delhi were conveyed by Centre for Research and Development and Delhi
University and one at Mumbai by Tata Institute. Delegations of All India Christian Council
led by Dr. John Dayal attended all of theses studies. Dr. Dayal termed these studies as
highly skewed studies with Brahminical personalities.

Social Scientist, activists responded to these studies that conversion of Dalits to any
religion did not change their social backwardness status as well as educational and
economical condition. They are same as before their conversion.

The scheduled of SC hearing in first week of April was further postponed to July.

7th SC Hearing: July 12, 2006 was once again adjourned with next hearting in the month
of October as Misra Commission report was yet to complete.

Misra Commission report was finally ready to submit to United Progressive Alliance
Government in month of October 2006. Dalit Christian went frustrated by delaying of the
Misra report and when it was finally ready to submit to UPA government, commission was
instructed to delay until Uttar Pradesh Assembly election is over in first week of May.

Since the 7th Hearing on July 12, 2006, SC has listed the case in many dates where times
was sought by Learned Additional Solicitor General and granted to list for latest hearing
on December 1, 2009.
The 9th listed on Dalit Christian Reservation in Supreme Court of India has given it order
on February 16, 2010 that the Government of India is

The Recommendations of Commissions on Dalit Christian Reservation

The present Dalit Christian reservation case in Supreme Court has been referred to Union
Government to give its opinion on giving Scheduled Caste statutory and beneficiaries to
the Scheduled Castes origins converted to Christianity in November 2005 hearing.

The UPA Government has setup National Commission for Religious and Linguistic
Minorities under the chairmanship of Justice Raganath Misra known as Misra Commission
to investigate the economical, educational, sociological conditions of Scheduled Caste
origins converted to Christianity.

Enough Commissions before Misra Commission have been setup and finding have been
submitted with recommendations that Scheduled Caste origins converted to Christianity
still suffer caste stigma, socially oppressed and economically, educationally and socially
backward. Why then another Misra Commission? What have the commissions before
Misra Commission said; will that be note valid reasons for Scheduled Caste origins
converted to Christianity to include in Constitution Scheduled Caste Order 1950?

Elayaperumal Commission (1969): Report of the Elayaperumal Commission in Para 32

says "The Committee found during tours that all Scheduled Castes who got themselves
converted to religions other than Hinduism should be given all concessions which are
available to Scheduled Castes. This is because the Committee found during tours that
they suffer from the same disabilities which the Scheduled Castes suffer."

Mandal Commission (1980): As stated above the Mandal Commission in 1980 supported
that Scheduled Castes converted to Christianity be treated as Scheduled Caste as their
conversion did not change the conditions of socially, economically and educationally.

Misra Commission (2005): Now the ball to give scheduled caste converted to Christianity
is in the court of Misra Commission. Misra Commission will not find anything new but only
charges from Sangh Parivar and affiliated organizations against Dalit Christian
Reservation.

The Sangh Parivar's opposition is not only Dalit Christians but to all reservation system for
Indian Dalit communities. The Commissions before Misra Commission have given enough
evidence that Scheduled Caste origins converted to any religions remains the same
social, economic, education status even after their conversion.

Misra Commission Report came to its expire of term after submitting its report on May 25,
2007 with four members of five recommending to extend SC status to all Dalits who
converted to Christianity while Asha Das - member secretary of the commission opposed.
Asha Das opposition to the commission recommendation seems like to turn the ray of
hope started dawning for Dalit Christians into darkness after discrimination of 60 years of
their birth rights.

Union Government of India have referred to Misra Commission Report and yet to give the
consent upon which Supreme Court of India is give its verdict to 20 million Indian Dalit
Christians whose Birth, Fundamental and Constitutional rights have been denied for last
60 years.

Conclusion
After 6 years of struggle, Dalit Sikhs got their birth, fundamental and constitutional rights to
enjoy statutory and beneficiaries of Scheduled Caste when Para 3 of Article 341 was
amended in 1950. by including Scheduled Caste origins converted to Sikhism.

Dalit Buddhists got their rights to enjoy Scheduled Caste statutory after 40 years of
struggle when Para 3 of Article 341 was amended in 1990 and Scheduled Caste origins
converted to Buddhism listed in Constitution (Scheduled Caste) Order 1950.

Dalit Christians are kept denied their birth, fundamental and constitutional rights for last 56
years by abstracting their names from Constitution Scheduled Caste Order 1950. The
constitutional denial of Scheduled Caste origins converted to Christianity is triple
oppression.

The allegation not to give Scheduled Caste status to Dalit Christians on the ground that
Christianity does not have caste, they why Scheduled Caste status given to those
Scheduled Caste origins to Sikhism and Buddhism as both the religions does not have
caste.

On the other hand, if reservation for only those religions that practices caste then Dalit
Christians also deserve it because they suffer caste stigma among Indian society. Dalit
Christians suffer caste oppressed before their conversion and now. They suffer Religious
persecution from religious fanatics and constitutional denial of their statutory from
Presidential SC/ST order 1950 of which I term the triple discrimination of India Dalit
Christians.

Dalit Christians seeking to be included in Scheduled Caste status is the constitution, birth
and fundamental rights.

Will Indian Judicial system finally give justice to 20 Million Indian Dalit Christians whose
constitutional right was taken away by Presidential Order 1950? Is the million dollar worth
question?

Madhu Chandra is a social activist and research scholar based in New Delhi. He works
as Regional Secretary of All India Christian Council (www.indianchristians.in), Spokes
Person of North East Support Centre & Helpline (www.nehelpline.net) and National
Secretary of All India Confederation of SC/ST Organisations (www.scstconfederation.org).