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The Dalit Christian demand for reservation may have stirred up a storm, but it is hardly of recent origin. Its roots, in fact, go right back to pre-Independence India, when the government granted reservation to all minorities on a communal rather than a caste has is, by way of a Communal Gazette Order. This included two per cent reservation for Christian Dalits.
The Presidential Ordinance (1950) changed all that. During the Constituent Assembly discussions in 1947-48, it was decided that reservations should be decided on a state-by-state basis’, and the President of India asked to identify the socially-backward castes in each state.
Accordingly, President Rajendra Prasad issued the President’s Constitution (Scheduled Castes). Order of 1950. In the second paragraph of this order, Scheduled Caste Christians were divided into such sub-castes as Chamars, Mahars, Pulayyas, Malas, Madigas, etc.
These sub-castes were included in the list of Scheduled Castes who were granted reservation.
But, the third paragraph negated all this by adding a discriminatory clause: “Notwithstanding anything contained in paragraph two, no person who professes a religion different from Hinduism shall be deemed to be a member of the Scheduled Caste.” In other words, only Dalit Hindus would be allowed the benefits of reservations.
In 1956, this was amended by a simple majority in Parliament to include Dalit Sikhs. And in 1990, Dalit Buddhists were also added to the list. This, according to representatives of the Dalit Christian community, negated the argument that religions other than Hinduism do not have caste divisions and cannot claim caste-based reservations.
“Buddhism and Sikhism do not have caste divisions. So why have practitioners of these religions been granted reservation in some cases? This amounts to back-stabbing the secular spirit of the country,” says Brother Jose Daniel, convenor of the National Coordination Committee for the Scheduled Caste Christians of India. “The entire Christian community was shocked to see this become a law.”
The logic behind including Buddhist., and Sikhs is that Article 25 (2) (b) of the Constitution holds that any reference to Hindus includes Buddhists, Sikhs and Jams; and so the statutory benefits should extend only to the Scheduled Caste members of these religions. And if the Scheduled Castes of other religions want these benefits, then the above article should be amended.
However, Brother Daniel says that all it requires is another Presidential Ordinance to amend the discriminatory clause in paragraph three of the 1950 Ordinance. “No parliamentary intervention is required,” he says.
The Supreme Court in the Mandal case (30 November, 1992) supported Brother Daniel’s position in that there should be no differentiation between Dalits of various religions. Eight of the nine judges on the Bench categorically established the fact that change of religion does not change caste.
And in spite of the Church advocating a caste-free society, Father Lourduswamy, the organising secretary of the National coordination Committee for Scheduled Caste Christians, admits that they have not been able to establish this in practice,
“There is discrimination between a low caste and high caste Christian at places of worship and even in the graveyards,” he says. “When an Aggarwal converts to Christianity, he continues to be an Aggarwal. So there is no difference between a Hindu and a Christian of the same caste, merely because he has changed his religion.”
Hence, the demand that the benefits
of reservation should not be denied to Dalits merely because they have
converted. This demand may well be met by the government, which has already
assured the National Coordination Committee that a Bill will be introduced
in the next session of Parliament extending reservation to Scheduled Caste
Christians. But clearly, members of the committee have little faith in
these promises; hence the fortnight-long agitation.
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