Commission for Scheduled Castes/Tribes & Backward Classes
(CATHOLIC BISHOPS CONFERENCE OF INDIA)
CBCI Centre,1 Ashok Place, Gole Dakkhana, New Delhi110 001
Phones: (011)2336 2669 (011)2334 4470 Fax: (011)2336 4615, 2336 2669
Email:cbciscst@gmail.com,gcosmong@hotmail.com

Chairperson: Most. Rev. Marampudi Joji, Archbishop of Hyderabad
Member Bishops: Most Rev. Charles Soreng SJ, Bishop of Hazaribag, (Committee for Tribal Affairs)
Most Rev. A. Neethinathan, Bishop of ChinglepetExecutive Secretary: Fr. G. Cosmon Arokiaraj

24th July 2010

Your Eminence/Grace/Excellency/Father/Sister/Brother/Friend in Christ

Subject: Request to observe 10th August 2010 as “Black Day” for Dalit Christians and Dalit Muslims when the paragraph 3 of the Constitution Scheduled Caste Order 1950 was signed by the then President of India - Regarding

Prayerful Greetings from CBCI Commission for SC/ST/BC!

In the year 1950, the President of India issued the “Constitution (Scheduled Castes) Order, 1950” specifying the castes to be recognised as the Scheduled Castes by exercising the authority conferred on him under the article 341 (1) of the Constitution of India. The third paragraph of the order however qualifies that “notwithstanding anything contained in para 2, no person who professes a religion different from Hinduism shall be deemed to be a member of the Scheduled Castes.” Subsequent amendments to the 1950 Presidential Order in 1956 and 1990 provided for the inclusion of Sikhs and Buddhists respectively within the Scheduled Caste category to avail the benefits of reservation.

The Presidential Order 1950 paragraph 3 precluded SC converts to Islam and Christianity from eligibility for benefits of affirmative action.

Dalit Christians and Dalit Muslims have challenged the constitutional validity of paragraph 3 of the 1950 order. The denial of Scheduled Caste status to Dalit Christians and Dalit Muslims constitutes a violation of Articles 14 (equality before the law); 15 (prohibition of discrimination on grounds of religion); and 25 (freedom to profess and practice any religion) of the Constitution of India.

The National Commission for Religious and Linguistic Minorities, popularly know as the Justice Ranganath Misra Commission report has clearly said “we recommend that Para 3 of the Constitution (Scheduled Castes) Order 1950 – which originally restricted the Scheduled Caste net to the Hindus and later opened it to Sikhs and Buddhists, thus still excluding from its purview the Muslims, Christians, Jains and Parsis, etc. – should be wholly deleted by appropriate action so as to completely de-link the Scheduled Caste status from religion and make the Scheduled Castes net fully religion-neutral like that of the Scheduled Tribes.”

The Writ petition filed in the Supreme Court in 2004 and other petitions are unduly delayed because of the indifference of the Union Government to give a reply to the Supreme Court. Meanwhile the National Commission for Scheduled Castes (NCSC) has recommended that Scheduled Caste status must be extended to the Christians and Muslims of Scheduled Castes Origin. The National Commission for Minorities too has supported the demand.

Till today twelve State Governments and Union Territories have recommended to Union of India for granting the SC status to these people. In the year 2000, Bihar State Assembly passed resolution for granting SC status to Dalit Christians and Dalit Muslims; in the year 2006 Uttar Pradesh State Assembly passed resolution for the same; in the year 2009 Andhra Pradesh State Government had passed resolution in its assembly for granting the SC status to Dalit Christians and Dalit Muslims.

On 23.01.2008, the Additional Solicitor General of India had requested the Apex Court to grant eight weeks time to bring the reply to the Writ Petitions. But till today the Union of India did not file any reply in the Supreme Court of India as per their commitment. More than Two and half years have passed.

Most of the political parties, CPI, CPI (M), BSP, SP, LJP, RJD, JD ( U ), JD (S), DMK, AIADMK, Telugu Desam Party, MDMK, PMK, Trinamool Congress, NCP, Shiromani Akalidal and others have supported the demand of Scheduled Caste Status to Christians and Muslims of SC origin and written letters to the Prime Minister and concerned authorities.

Various dharnas and protest rallies have been organized in the state and national level to demand the legitimate rights of Dalit Christians and Dalit Muslims. Prime Ministers including the present one and various Ministers have made assurances that it would be done. So far they have been only empty promises.

In this scenario, we need to continuously launch our protest against the insensitive, non-secular attitude of the present Union Government. Therefore, the National Council of Dalit Christians has requested the CBCI and the NCCI to cooperate with them to observe Black Day on the 10th August 2010 when the paragraph 3 of the Constitution Scheduled Caste Order 1950 was signed by the then President of India.

On that day a black flag can be hoisted on all our churches and institutions, rallies and public meetings could be held in District and Taluk head quarters submitting memoranda to the District Collectors and Thashildars and Press Meets.

It could be one more powerful step to conscientize our own Christian community and to urge the Union Government to pay heed to our just demand

Expecting your full cooperation