Indian apex court delays hearing on Dalit Christian issue

India's apex court, the Supreme Court of India, has yet again adjourned its hearing on the equal rights issue of the Dalit Christians.

On April 3, 2007, the apex court postponed the hearing till mid–July, citing reasons that the Justice Ranganath Misra Commission for Religious and Linguistic Minorities – mandated by the government in 2005 to examine the issue of equal rights and Scheduled Caste status of the Dalit Christians – had failed to submit its long–awaited report. This report is critical as it will constitute the official response of the Indian government to the court.

The reason, according to media sources, was that the Misra Commission was instructed to delay submission of its report, due to the Supreme Court on March 26, until after the Uttar Pradesh elections ended on May 15 in order to avoid any potential political controversy.

The five–member Misra Commission was set up on March 15, 2005 to study and recommend criteria for defining backwardness among minorities.

"Observers around the world are watching this case carefully, and it is disappointing that proceedings have been postponed yet again. We urge the Indian government to bring an end to this major restriction on the religious freedom of Dalits, who face losing significant benefits if they adopt Christianity or Islam. This is inconsistent with India's own constitutional protections against discrimination on the basis of religion, and with international standards on religious freedom," said Tina Lambert, advocacy director of international Christian rights group, Christian Solidarity Worldwide (CSW), expressing concerns over the latest delay by the government in stating its position on this issue.

"The 1950 Presidential Order clearly violates the Indian Constitutional provision to religion–based discrimination," Dr. Joseph D'souza, president of the All India Christian Council (AICC) and International President of Dalit Freedom Network said.

According to Rev. Madhu Chandra, a Dalit Christian and a leader of the All India Christian Council (AICC), the deferment of the hearing was "disappointing" and it had further increased the anxiety among the community.

"Earlier, six hearings had been postponed because the Misra Commission each time pleaded for more time for the preparation of its report, and now when the report seems to be ready, it is being perceived that its presentation can be sensitive and therefore it should be delayed further," he said.

Before April 3, the hearing had been deferred on October 11, 2006; July 12, 2006; February 18, 2006; November 28, 2005; October 18, 2005; and August 23, 2005.

Chandra, also national secretary of the All India Federation of Scheduled Castes and Scheduled Tribes, added that the verdict was expected to be in favor of Dalit Christians, but it may be restricted to extending reservation in educational institutions and government jobs.

"We are asking for the Scheduled Caste status, which will involve reservation in politics and protection and benefits under numerous special legislations and Government schemes," he said.

Dr. John Dayal, president of All India Catholic Union, said the issue of the backwardness of Dalit Christians could not be addressed with mere reservation in educational institutions and Government jobs. Dalit Christians require representation in politics for empowerment besides reservations, he emphasized.

Meanwhile, millions of Dalit Christians breathed a sigh of relief when the Indian Express reported that the Misra Commission is "likely to recommend that religion should be delinked from caste while deciding the Scheduled–Caste status. The Commission report is ready and if its recommendations are accepted, Dalit Christians and Dalit Muslims will be eligible for reservation."

However, such a move is fraught with serious political and social opposition, and implementation of it may not be an easy task.

The Commission was originally slated to submit its report on March 26 but "has been advised to seek an extension till May 15 to get around the problem of having to deal with recommendations that could be controversial, just ahead of the UP elections," the newspaper report said.

The recommendation should be the first major blessing for the Dalit Christians and church leaders who have been staging a struggle for years demanding that those Dalits who have converted to Christianity be given the special privileges that Dalits from Hinduism, Buddhism etc enjoy. The core of Indian church's argument is that the Dalits live in the same villages and surrounding where caste discrimination is centuries old and just a new religious identity do not change their status. This has been proven through several documented cases of discrimination.

"The report, according to sources, is not an unanimous one but may have far–reaching consequences on the debate whether Muslim and Christian Scheduled Caste groups should have access to the same facilities and privileges as Hindu/Sikh or Buddhist Scheduled Castes," the newspaper said.

Caste, a social stratification rooted deep in Hinduism, organizes people by a combination of descent and employment. The lowest group in the caste system is the estimated 300 million–strong Dalit population. While atrocities against the Dalits have been practiced for thousands of years, caste–based atrocities are reaching new heights and are causing tension across many areas.

In many areas, they are still not allowed to enter temples or even sit next to upper caste Hindus. Most Dalits are still forced to do manual labour jobs, such as cleaning up human waste.

A 1950 Presidential Order excluded Dalit convert to Christianity from the quota system that reserved jobs to members of the Scheduled Castes or Scheduled Tribes in the public service. The same exclusion applies to those who convert to Islam but not to those who become Hindu, Buddhist or Sikh. According to critics, the Presidential Order is ultra vires the Constitution, which does not go into the religion of deprived caste groups.

However, in a significant step, the Supreme Court in 2004 decided to consider afresh the crucial constitutional issue of affirmative action in the public sector for Dalit converts to Christianity, refuting the government plea that it be treated as a legislative problem.

The matter, however, has been adjourned several times and the apex court is expected to take up the hearing again in April 2007.

An estimated 70 percent of India's 26 million Christians belong to the socially discriminated Dalit groups, who need social and educational support to integrate to the mainstream of society.