Dalit Christians must get full Scheduled Caste rights, rules Public Tribunal

New Delhi – A Public Tribunal headed by Justice (retd.) SB Sawant of the Supreme Court of India and an eminent jurist Barrister Sona Khan has ruled that Christian Dalits be given the same benefits, aids and advantages, facilities and opportunities as are given to “Dalits of Hindus, Sikhs and Neo Buddhists on the basis of caste to which they belong before conversion and which they are carrying even today.”

This historic judgment that was pronounced on July 18, may soon bring to an end the dispute whether reservation benefits should be extended to 1.6 crore Dalit (16 million) Christians in India.

Justice Sawant, who was also the chairman of the Press Council of India and Barrister Khan, a world expert on Islamic jurisprudence and gender rights ruled, “The Dalit Christian People’s Tribunal after recording evidence both oral and written has come to the conclusion that it is highly unrealistic socially and as well as legally to make distinction between Dalits on the basis of religion.”

“It should not be forgotten that we are considering social reality of Indian life were the followers of all Non Hindu religions other than Parsis, have been converts from the Hindu religion, except for a microscopic minority,” the judgment said.

“It is also unfortunately the sad reality the converts from Hindu religion to other religions have carried their caste marks with them whether they belong to higher caste or lower caste,” it continued.

“The result today is all the religious communities in India except Parsis, have an ingrained caste system prevalent in all spheres of life. We had assembled here to consider the special case of Dalit Christians who were similarly converted from Hindu religion to Christianity and carried with them the same disadvantages and disabilities and they are carrying them even today. They will disappear if at all, only when similar disabilities suffered by Dalits of other religions, namely Hindu, Sikhs and Neo Buddhist, will disappear,” it added. “It is therefore necessary that the Christian Dalits are given the same benefits aids and advantages, facilities and opportunities as are given to Dalits of Hindus, Sikhs and Neo Buddhists on the basis of caste to which they belong before conversion and which they are carrying even today.”

As many as 573 witnesses from Tamil Nadu, Andhra Pradesh, Kerala, Karnataka and Pondicherry registered at the public hearing. Hundreds of others came to see the proceedings. The tribunal heard 20 persons, and took written depositions from others. Documentary evidence on the entire case was presented to the tribunal by Mr. John Dayal and Mr. Edward Arokia Doss on behalf of the All India Catholic Union, the All India Christian Council and Voice of Dalit International.

Earlier, lighting a ‘kuthuvilakku’ traditional brass lamp, the Archbishop Emeritus M. Arockiaswamy said the Government should provide benefits to Dalit Christians on the basis of caste to which they belonged and not discriminate them on religious grounds. Bishop Antony Pappusamy of Dindigul said Dalit Christians were being discriminated and as a result had to forego all Government benefits meant for Dalits.

Apart from Justice PB Sawant and Barrister Sona Khan, the People’s Tribunal Jury included Member of Parliament Karvendhan, President of the All India Bar Council, Former Labour joint commissioner VB Balram, Former MP Dr Kulaindaivel, Former Minorities Commission member Jawahar, State Women’s Commission former Chairperson Dr Vasanthi Devi, Dr. Lakshman, MIDA, Chennai, and Dr. Manikumar of Sundaranar University.

The public hearings came on the eve of the Supreme Court of India taking up an appeal by the Public Litigation Centre, New Delhi, on the constitutional validity of existing legislation, which denies ‘affirmative action’ and special rights to many people of former untouchable castes, including Dalit Christians, on religious grounds.

“Strange as it may seem, the full protection of the law and many privileges that are available to Dalits of Hindu, Sikh and Buddhist faiths are denied to their brothers and sisters who have adopted Christian or other faiths,” a statement issued by the National Movement For Dalits Christians Rights, said.

“The founding fathers of the Constitution of India and the freedom struggle leaders had not discriminated against the Dalit Christians. The Constitution when first signed by the late Prime Minister Jawaharlal Nehru and others, had affirmative action programmer for all Dalits suffering a 3,000–year history of debasement and caste tyranny in India,” it said.

“It was under the influence of a few casteist elements that the Presidential Order of 1950 restricted the privileges only to Dalit Hindus. This effectively denied freedom of faith to all Dalits and kept out a large section of Dalits from the protection of the constitutional guarantees of basic human rights,” it added.

The public hearings had the full support of Church leaders and organizations, the statement claimed. Messages of solidarity and support have been received from Rt. Rev. Dr. S. Jeyapaul David, president, National Council of Churches in India (NCCI), Bishop Percival Fernandez, secretary general, Catholic Bishops’ Conference of India (CBCI), Fr. Philomen Raj, executive secretary for Dalit affairs, CBCI, Dr. Joseph D’Souza, president, All India Christian Council (AICC), and many national and international human rights organizations, it added.

The struggle of the Dalits was born in South India where under casteist influence even the Christian Church and other religions at one time fell prey to the practice of discrimination and ostracization of people converts from the untouchable castes even after untouchability was outlawed.

The People's tribunal heard that even some cemeteries have separate areas for the burial of Dalit dead and the dead of families who converted from the upper castes though the Church long ago had renounced casteism.

It was deposed before the tribunal, that the Founding Fathers of the Constitution of India and the Freedom struggle leaders had not discriminated against Dalit Christians and the Constitution had provided for ‘affirmative action’ for all Dalits suffering a 3,000–year history of debasement and caste tyranny.

However, it was under the influence of a few casteist elements that Presidential Order of 1950 restricted the privileges only to Dalit Hindus. This effectively denied freedom of faith to all Dalits and kept out a large section of Dalits from the protection of the Constitutional guarantees of basic human rights.

A bitter struggle launched by Buddhists and Sikhs from Dalit origin resulted in the Constitution being amended twice to restore them the rights that were given to Dalits of Hindu faith. The 52–year old struggle of the Dalit Christians could not achieve the same result as several vested interests stalled the move made by a former Congress government to correct the injustice.

It was presented before the tribunal that the struggle was not just for reservation in jobs and educational institutions in the public sector but, more importantly, for human dignity and protection of law as equal citizens of India. Even today, Dalit Christians cannot fully participate even in the Panchayat Raj (self–governing village administrative bodies) and grass root democracy structures from reserved constituencies even if they are the major group in the village or constituency. There are other areas of discrimination also, including economic disempowerment.

The report of the Tribunal will be sent to the President of India, the Chief Justice of India and Judges of the Supreme Court of India, the National Integration Council (NIC), the Speaker of the Lok Sabha and to the Prime Minister, State Chief Ministers and leaders of National and State political parties, apart from the National Human Rights Commission (NHRC), the National Commission for Minorities (NCM) and the National Commissions for SC and ST, Women and Children respectively.

The hearings were held in Madurai, Tamil Nadu. Tamil Nadu, Andhra Pradesh, Kerala, Pondicherry and Karnataka contain over 70 per cent of the entire Dalit Christian population with Maharashtra, Punjab, Rajasthan and Uttar Pradesh containing the rest.