The Struggle of Dalit Muslims and Dalit Christians for
scheduled caste status
There is no reason to not include Dalit Muslims and Dalit Christians in the
category of Scheduled Castes because these Dalits share the same socioeconomic
status, and stigma also, as their counterparts in the Hindu
community, concludes the report prepared by National Commission of
Minorities (NCM).
The report titled “Dalits in the Muslim and Christian Communities: A Status
Report on Current Social Scientific Knowledge” reveals that economically and
educationally, the condition of Dalit Muslims is generally poorer than other
Dalits, and Dalit Christians too lag behind upper caste Christians on that
front. The NCM thinks that the report is an important development in that the
courts have been repeatedly asking for objective data for providing
constitutional facilities to Dalit Muslims and Dalit Christians also. And it
rightly thinks so.
Discussing the social conditions of Dalit Muslims and Dalit Christians, the
report says, “There can be no doubt whatsoever that Dalit Muslims and Dalit
Christians are socially known and treated as distinct groups within their own
religious communities. Nor is there any room for disputing the fact that they
are invariably regarded as ‘socially inferior’ communities by their coreligionists.
In short, in most social contexts, Dalit Muslims and Dalit
Christians are Dalits first and Muslims and Christians only second.”
Some may argue the NCM conclusions, but there is no denying the fact that
Dalits in Muslim and Christian communities are not taken socially at par with
other castes in them.
The report further says, “While the overall status imposed on Dalit Muslims
and Dalit Christians is always that of an inferior group, the manner in which
social distance or superiority is asserted by non-Dalits (and specially the
‘upper’ castes) varies both across Dalit Muslims and Dalit Christians and also
across regions and contexts. Such variation is present in all Dalit
communities of all religions.” The report, however, admits that practices of
discrimination and exclusion against Dalit Muslims and Dalit Christians cannot
be described as intensified.
The report also talks about social, cultural and religious segregation faced by
Dalit Muslims and Dalit Christians. “Social segregation extends to the sphere
of worship and religious rituals, with separate churches and priests being
almost the norm among Dalit Christians and not uncommon among Dalit
Muslims,” the report concludes. The report has found that occupational
segregation, economic exploitation and untouchability, though not intense,
are also prevalent in the communities.
Equipped with the much-sought after study, the NCM would like to present
the case of reservation for Dalit Muslims and Dalit Christians before the
government. But there are some legal hurdles in the way. Not only NCM but
social and political pressure groups from the concerned communities will
have to work extra time to remove these hurdles first.
Dalit Muslims and Dalit Christians cannot be included among Scheduled
Castes, and thus they cannot be granted reservation, thanks to the
Presidential Order of 1950. That order denies inclusion of Dalits of any
community other than Hindu in the Scheduled Castes category. The third
paragraph of the order says, “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.”
For announcing the Constitution Scheduled Castes Order 1950, paragraph 3
as ultra virus and ultra motive against the secularism of our esteemed Indian
constitution, Centre for Public Interest Litigation (Represented by former Law
Minister of India and eminent Advocate Mr. Shanthi Bhushan and Advocate
Mr. Prashant Bhushan) and Franklin Caesar Thomas had collectively filed the
civil writ petition in the supreme court of India on 22.03.2004. This petition
was filed by CPIL for getting the Scheduled Castes status to convert
Christian, Muslim members of the enumerated castes people of India.
Concerned with the above said civil write petition: 180, year 2004, Union of
India had referred this matter to National Commission for Religious and
Linguistic Minorities. NCRLM had positively recommended to Union of India
for granting Scheduled Castes status to the above said people by deleting the
paragraph 3 (as per the media report). After agreeing in the Supreme Court,
based up on the NCRLM Report, Ministry of Social Justice had asked the
National Commission for Scheduled Castes to give comment regarding the
extension of Scheduled Castes privileges to these people by giving one set of
the NCRLM report to the National Commission for Scheduled Castes.
By accepting the Social, educational, economical and cultural backwardness
of the Christians and Muslims of the Scheduled Castes origin people,
Scheduled Castes Commission had asked the Union of India for granting
them the Scheduled Castes status. As per the constitutional power of the
Indian Constitution Article 338, sub division 9, National Commission for
Scheduled Castes had accepted and recommended to grant Scheduled Castes
status to these people.
As per the above said recommendation, the above said Dalit Muslim and Dalit
Chirtian people are facing and affected by the traditional practice of
untouchability in the major civil society and in their religious society.
As per the revised modalities of the Union of India for getting Scheduled
Castes status to a particular community, state Governments should
recommend to Ministry of Social Justice and Empowerment. Then Census
Commissioner and the Registrar General of India should give
recommendations for these communities to be treated as Scheduled Castes.
Then finally, National Scheduled Castes Commission for Scheduled Castes
should give positive recommendation regarding the proposal. Then the Group
of Ministers or the Cabinet should pass resolution to bring bill in Parliament.
In our issue, up to this time twelve state Governments and Union Territories
had recommended to Union of India for granting the SC status to these
people : in the year 2000, Bihar State Assembly had passed resolution for
granting SC status to Dalit Christians and Dalit Muslims; in the year 2006
Uttar Pradesh State Assembly had passed resolution in the state assembly
for granting the SC status to Dalit Christians and Dalit Muslims, in the year
2009, Andra Pradesh state Government had passed resolution in its assembly
for granting the SC status to Dalit Christians and Dalit Muslims . Without
referring the matter to the Registrar General of India, directly Union of India
had asked the National Commission for Scheduled Castes to give comments,
as per the Government's desire, NCSC had asked the Union of India to grant
SC status to these people. Scheduled Castes Commission's entire
recommendation was submitted in the Apex Court of India by the Additional
Solicitor of India concerned with the above said Civil Writ petition No: 180,
year 2004. On 23.01.2008, the Additional Solicitor General of India had
asked the Apex Court to grant eight weeks time to take a decision in the
Cabinet, Group of Ministers meeting for bringing reply to the Apex Court of
India. But still Union of India did not file any reply in the Supreme Court of
India as per their Commitment.
With out proper evidences, materials, Union of India had granted Scheduled
Castes status to Dalit Sikhs and Dalit Buddhist. If question is raised for
granting the Scheduled Castes status to Dalit Buddhist and Dalit Sikhs, it is
told that Sikhism and the Buddhism are the off shoot of Hinduism. If it was
so, in the year 1950 itself these people would have been treated as
Scheduled Castes, why did the Union of India separately added Sikhism in
the year 1956 and the Buddhism in the year 1990, particularly in the
Presidential Order 1950, paragraph 3.
As per the National Commission of Minorities Act 1993, Buddhism and
Sikhism are the separate religions from Hinduism. When the Sikhism and
Buddhism do not recognize the untouchability and casteism, they had been
given the Scheduled Castes status.
For proving the social, educational, economical and cultural backwardness of
Dalit Christians with Dalit Hindus, Union of India is having the Mandal
Commission's Recommendation, NCRLM Recommendation, National
Commission for Minorities Recommendation, National Commission for
Scheduled Castes recommendation, Detailed study done by Delhi University's
Professor Dr. Satish Despande (Financed by Union of India's National
Commission for Minorities), Sachar Committee (High Power Committee of the
Prime Minister of India) Recommendations regarding the extension of
Scheduled Castes privileges to Dalit Christians and Dalit Muslims, Cabinet
Note of the Year 1996 for granting the Scheduled Castes status to Christians
of Scheduled Castes Origin and various state Governments' state commission
recommendations. The above said Commission Reports prove the traditional
practice of untouchability which is faced by Dalit Christians and Dalit Muslims
in the civil society and in their religious society par with Hindu Scheduled
Castes. Untouchability is a professional oriented discrimination in the society.
We do not want reservation to the elite people among Christians and
Muslims. But we want the Scheduled Castes reservation to the people whose
castes names are there in the Schedule of the Union of India who are
socially, educationally, economically and culturally backward par with Dalit
Hindus. The only stumbling block, paragraph three of the Constitution
Scheduled Castes Order 1950 should be deleted or amended to take the
religious ban (by bringing bill in Parliament) Or it should be striked by the
Apex Court of India as unconstitutional one.
United Nations Human Rights Council’s Committee on the Elimination of
Racial Discrimination had strongly recommended to Union of India in the year
2007, March for granting the Scheduled Castes status to these people. United
Nations Socio Economic Council and the Special Rapporteur on Religious
Tolerance of U N Human Rights Council had stressed the Union of India for
granting the Scheduled Castes status to Dalit Christians and Dalit Muslims
based up on violation of Human Rights basis.
Dalit Christians and Dalit Muslims are not living in their worshipping places,
but they dwell in the society where casteism prevails. Upper strata of the
Christian, Muslim and Hindu high castes people are treating these people as
untouchables, so Scheduled Castes reservation should be extended to these
people forthwith.
We are pleased to request Union of India to file reply in the Apex Court of
India as soon as possible based up on the above said Union of India's own
documents.
Sharimohsmed inamdar
TREASURER
ALL INDIA MUSLIM BACKWARD COMMUNITY WELFARE TRUST (AIMBC) MUMBAI MAHARASHTRA shan790@gmail.com

Finally the long battle against the cruel discrimination against the
Christian Dalits are going to be over with. Now, the Dalits can come
to follow Jesus Christ without the fear of discrimination through
the tricky "Dalit status", deliberately barricaded them due to their
choice of religion.

This is the beginning of a great spiritual awkening to take place among
the Dalits to march after the cross of Jesus Christ, that will be one of
greatest historical event of revivals.

There is no justification for the Government to delay this long pending demand as all political parties except the BJP support this demand. Is it because Dalit Christians are not resrting to violence? .It is a pity that in democratic India, a just demand will not be taken into consideration unless the people turn violent. We have the example of Gujjar agitation, when Gujjars resorted to violence, the govt immediately sorted out the issue.The mainstream media is also not reporting the peaceful agitations of dalit Christians, may be because of the small numbers of agitationists involved. It is high time that dalit christians & their supporters of this just cause should organise huge rallies all over the country. If all political parties are earnest in their support, there is no difficulty in according SC rights to dalit christians, the objection of RSS-BJP can be ignored because they do not have the support of more than 10% of Indian population. We have the case of implementation of the Mandal commission report. Also we should take into account the attempts of RSS parivar in misleading the non-christian dalits and trying to create divisions in the dalit community.

New Delhi: The long-pending demand of Dalit Christians of the country would be accepted soon as Union government is going to provide Scheduled Caste status to them.

It is learnt that Union law minister, Mr Veerappa Moily is keen to settle this long pending issue very shortly. He is working overtime with his officials to settle the demand of Dalit Christians. Prime Minister Dr.Manmohan Singh and UPA chairman Mrs Sonia Gandhi are also interested to see this issue settled once and for all.

After providing SC status to Dalit Christians of the country, they would be entitled for all the benefits reserved for schedule caste people.

Sources say that Moily has recently assured the delegation of National Council of Dalit Christians (NCDC) that the UPA government would not take much time to provide SC status to Dalit Christians. Welcoming the decision of government, eminent Christian scholar and writer RV Smith said that in villages Dalits Christians are still not allowed into some areas where the upper caste population lives. They are offered menial labour, and most of the time not paid for it. At tea shops there are separate utensils for us just like for Hindu Dalits.

Statistics show that more than 70% of the Christians in India are Dalits. When Christian missionaries began their work in India in the decades before Independence, their promise of equal treatment and opportunity for all castes became the prime reason for Dalits - who find themselves at the socio-economic lowest rung of Hinduism’s hierarchy - to embrace the missionary message. But as is now well documented, conversion offered no escape from caste prejudices.