Supreme Court to hear on Dalit Christian issue today

New Delhi – India’s apex court, the Supreme Court of India, that had rescheduled the hearing of the Dalit Christian issue on October 18, is slated to hear the matter today.

On October 18, the Indian government had requested the apex court for the dismissal of the case, on the ground that it had already appointed a Commission to investigate into the matter.

However, turning down its request, the Supreme Court clarified that it had the necessary jurisdiction to rule in this matter and rescheduled the hearing for October 25, giving indications that the dilatory tactics of the Union Government had not gone down favorably with the judiciary.

According to Press Trust of India (PTI), the Supreme Court brushed aside suggestions by the Attorney–General that it should not intervene in matters of the President, saying it was "a crucial issue and we would examine the legal side of the issue on the basis of the rulings cited by the petitioner and the Attorney General.”

Incidentally, the Justice Mishra National Commission for Religious and Linguistic Minorities, which investigates human rights abuses has also begun its hearing into the Dalit Christian issue.

Although, the delay meant that the 16 million odd Dalit Christians would have to wait till October 25 to know whether their age–long struggle for equal justice has borne fruit, yet, Dr. K.P. Yohannan, the founder–president of Gospel for Asia (GFA), believes that the delay will actually be beneficial to the Dalit Christians case.

“There will be a greater amount of international pressure coming up on the government to make this decision,” said Dr. Yohannan to MNN. ”And, if they say no to it this is going to be a human rights violation and a huge crisis for the government. They only have one option; to do what is right according to the constitution. That’s what we’re praying for and I think it’s going to happen.”

The Dalit Freedom Network (DFN), a US–based organization that seeks to work with individuals, foundations and organizations outside of India to bring together their combined resources on behalf of those who are working for the emancipation of the Dalits within India, held a historic conference on October 6 in Washington D.C., urging the US government to assist India in eradicating caste–based atrocities. The conference was followed by a hearing conducted by the U.S. Congress on human rights violation against Dalits in India.

The U.S. Congress reportedly condemned the "abuses and humiliation" of India's Dalits and tribal communities, including Christians, who they said were "victimized under the yoke of a shameful caste system."

"Converts to Christianity and Christian missionaries are particularly targeted, as violence against Christians often goes unpunished...many states have also adopted anti–conversion laws, in violation of India's constitutional protection for religious freedom," said New Jersey Congressman Christopher Smith, a Republican who chairs the House International Relations Subcommittee on Global Human Rights and International Operations in published remarks.

In India and worldwide, the Christian communities have shown immense solidarity for the “hidden apartheids” of India, by fasting and praying to God for a favorable outcome.

“Through our prayer and fasting, we are standing in the gap,” said Dr. Yohannan, adding that it “takes a massive amount of prayer and fasting and intercession to break the hands of the evil one and make this thing work.”

“The floodgate will be wide open. People will in masses come to faith in Jesus. They will no longer fear publicly professing the faith in Christ and even more will commit to Him. That’s what is going to happen,” the GFA president said. “I think God is behind it. I don’t think anyone can stop it and that’s what we should really be praying for.”

Speaking on the atrocities committed upon these “untouchables,” Dr. Yohannan said, "When the court rules in favor of the Christians, it will be like a dam bursting. [Those] who have been living in slavery will at last find their way to freedom and hope. This is the last barrier to them moving out of the oppression of the Hindu caste system."

Echoing the same opinion, Nanci Ricks, the executive director of Dalit Freedom Network (DFN), said that a decision in favor of the Dalit Christians will have a great impact on the “religious freedom” and “secularism” India, the world’s largest democracy, boasts of.

“Now people will be freed to choose the religion that they desire rather than being oppressed and persecuted because of their religion,” she 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 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.

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.

However, in a significant step, the Supreme Court in February this year 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, originally fixed for hearing on August 25, was adjourned till October 18, at the request of the Attorney–General of India.

It is hoped that the Supreme Court’s ruling today will emancipate the Dalit Christian community from its caste–based bondage.