Christians observed the signing of India's Constitution as 'Black Day' yesterday in New Delhi showing their solidarity with Dalit Christians and Dalit Muslims who have been denied the Scheduled Caste status for the past 64 years and called the Presidential order of 1950 as "discriminatory" and "unconstitutional"; and have demanded the Union government to resolve the matter immediately based on Justice Jagannath Misra Commission's report.
The function begun with hundreds of Christians, leaders from Christian and Muslim communities assembled at CNI Bhawan from 4:30 p.m. to 5:30 p.m. where Shri Alwan Masih, CNI General Secretary and Most Rev. Vincent Concessao, Archbishop Emirates of Delhi presided over the program. Mr. Ali Anwar Ansar MP of Janata Dal (United) showed his support for the demand.
The 'Black Day' event was jointly organised by Catholic Bishop Conference of India (CBCI), National Council of Churches in India (NCCI), National Council of Dalit Christians (NCDC) and Church of North India (CNI).
The speakers at the event gave their full support to the ongoing demand and pledged that they will press for their demand to the government till their demand is met.
Later, the crowds came out from the Bhawavan assembled inside the compound with raising various slogans, shouting and demanding the swift implementation of the Misra Commission's recommendation to make all Dalits equal before the law irrespective of their religious affiliations.
The Constitution (Scheduled Caste) order 1950 signed on 10th August 1950 by the then President of India which says: "No person who professes a religion other than Hinduism shall be deemed to be a member of the Scheduled Caste" which was later amended to include Sikhs (1956) and Buddhists (1990) in the Scheduled Caste net. However, others, prominently—Dalit Christians and Dalit Muslims are not still included.
"This order is against the Secular nature (Preamble of the Constitution) of the country, against Article 14(Equality before the law), article 15(prohibition of discrimination of any citizen on ground of only religion), Article 25 (Freedom of Conscience and free to profess any religion), Article 26 (equality before the law and equal protection of the law) and against the International Covenant on Civil and Political Rights, to which India is a party," the press statement released by the organisers of the event alleged.
Therefore, Dalit Christians and Dalit Muslims will continue to observe August 10th as Black Day throughout India, the statement stated. However, this year, since 10th August falls on Sunday, they observe it on Tuesday, i.e. 12th August although other forms of democratic protest like wearing black badges were done by all the participating churches on 10th August itself.
The press statement further stated that the Civil Writ petition 180/2004 in the Honorable Supreme Court of India praying the deletion of paragraph 3 of the Constitution (Scheduled Caste) order 1950 is still pending in the Supreme Court of India for the past ten years since the Government is not replying to the Supreme Court.
"Last year CBCI represented by SC/BC office and NCCI have impleaded in the above mentioned case," it added.
The statement alleged that the Constitutional rights for Dalit Christians and Dalit Muslims are denied based on religion for more than 64 years which is unconstitutional and discriminatory.
The statement pointed out that various commissions appointed by the government too have recommended the inclusion of all Dalits irrespective of their religions.
The National commission for Religious and Linguistic Minorities (NCRLM) popularly known as Justice Ranganath Misra Commission, in it report said: "Constitution Scheduled Caste Order 1950 para 3 is unconstitutional and it is a black letter written outside the Constitution introduced through the back door by an executive order".
"We recommend that Para 3 of the Constitution (Scheduled Castes) order 1950, which originally restricted the scheduled caste net to the Hindus and later opened it to Sikhs and Buddhists, thus still excluding from its purview the Muslims, Christians, Jains and Parsis etc – should be wholly deleted by appropriate action so as to completely de-link the scheduled caste status from religion and make the scheduled castes net fully religion – neutral like that of the Scheduled Tribes," the Misra Commission added.
Besides this, the national Commission for Scheduled Castes (NCSC) also has recommended that Scheduled Caste status must be extended to the Christians and Muslims of Scheduled Caste Origin.
And also, the National Commission for Minorities (NCM) too has given its consent for the extension of Scheduled Caste status to all Dalits.
Till now twelve State governments and Union Territories have recommended to Union of India for granting SC status to these people. The Bihar State Assembly, Uttar Pradesh State Assembly and Andhra Pradesh state Assembly have passed resolution for granting SC status to Dalit Christians and Dalit Muslims in the years 2000, 2006 and 2009 respectively.
The statement stated that although most of the National and Regional political parties have supported the demand of Scheduled Caste status to Christians and Muslims of Scheduled Caste Origin by writing letters to the Prime Minister and concerned authorities but it has not materialised till now.
"We are sorry that the rights of the minority communities of Scheduled caste origin is denied and delayed for many years. Our peaceful and democratic demonstrations will continue till our rights are attained," it stated.
This year, churches of all the denominations in India observed Sunday, the 10th August as Black Day. On August 10th Special mass and prayers were offered. Meetings, rallies, demonstrations, hunger fasts, submitting memoranda, candle vigils and other forms of demonstrations were also organized by the Christian communities to show support and solidarity to the suffering Christians of Scheduled Caste Origin.
In December 2013, the same leaders have organised a mass protest at Jantar Mantar, and they courted arrest when they marched towards the Parliament. After the protest, they were assured by the then Prime Minister Man Mohan Singh that he will look into the genuine demand but once again the government has changed.
The leaders demanded the new government to look into the matter immediately and give an appropriate answer to the query of the Supreme Court based on the recommendation of Justice Ranganath Misra Commission's report.
During the observation of the Black Day, hundreds of Christians who assembled at the event gave their signatures pledging the government to implement equal status for all Dalits. The signatures along with the memorandum will be submitted to the government for an immediate action.
