Author:
Publication: Sunday
Date: 10-16 December 1995
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.
