Supreme Court orders probe for

New Delhi – Dalit Christian rights case, originally fixed for hearing on August 25, 2005, after being adjourned several times is finally taken up by the apex court of India on Wednesday, April 5. All the churches are hopeful that this landmark case will bring an end to the "injustice and discrimination" faced by Dalit Christians and will give them the same rights as people from other religious backgrounds.

At Wednesday's hearing Supreme Court continued hearing key witnesses in this case. Former Justice Ministers Shanti and Ram Jethmalani were to argue that the Indian constitution prohibits religious discrimination and that therefore the adoption of Christianity by Dalits cannot be used as a reason to withhold affirmative action benefits enjoyed by Dalits of Hindu, Buddhist or Sikh backgrounds.

An estimated 70 percent of India’s 23 million Christians belong to the socially discriminated Dalit groups, who need social and educational support to come to the mainstream of society.

In an effort to address concerns over the treatment they received, India's government gave Dalits in 1950 some benefits such as quota of reserved places in government employment, education, housing and the distribution of agricultural land.

But, this 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.

The Supreme Court case, brought by the Center for Public Interest Litigation, had sought to remove discrimination against Dalits who embrace Christianity. The Supreme Court has said it will examine "the constitutional validity" of current legislation. Reportedly, except the influential, nation's largest Hindu nationalist party, BJP, members of most parties support the changes in the controversial legislation.

Former law Minister of the BJP, Mr. Arun Jaitley has been deputed by the Hindu nationalist RSS to argue against giving Christian Dalits the same rights as given to Sikh, Buddhist and Hindu Dalits, said rights group Christian Solidarity Worldwide (CSW), which supports the case.

"The court case provides the Indian government with an ideal opportunity to address a grave injustice suffered by Dalit Christians," BosNewsLife quoted CSW's Advocacy Director Tina Lambert as saying. "It is vital that the international community joins CSW and others in calling for a change in the law to allow full freedom of faiths to Dalits," she added.

Following a court hearing in August 2005, the Indian government set up the Mishra Commission to investigate the issue. Commission which was mandated to look at the plight of Dalit Christians. Dalit Christian leaders in different parts of India have complained that a fair hearing was not given to their case when members of the Commission visited some of the States.

According to inside sources the report of the Government Commission is not likely to be in favor of Christian Dalit getting their due rights under the Constitution. There is wide spread anger among Dalit Christians against the ruling Congress Party and it’s dilly–dallying on this issue when all other parties except the BJP have come out in open support of affirmative benefits to be given to Dalit Christians. And the Supreme Court has said it would not link the findings of the Commission with its ruling on the case.

Despite apparently growing political support for extending rights for Christian Dalits, churches remain concerned after the Indian Supreme Court reportedly ruled that the conversion of India's tribal people to Christianity could disqualify them from running for some elective offices if the posts involve functions.

The President of the All India Catholic Union, John Dayal, reportedly said the court deeply injured minority rights, "The issue is both one of separation of church and state and of the right of minority religion believers to seek whichever secular political or administrative office they wish to," Dayal said in published remarks.

The All India Christian Christian Council has issued a global call to prayer for this issue as it now enters the final stages.

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 Dalits. 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.