India's Supreme Court delays ruling on Dalit Christians

The Supreme Court of India today postponed the hearing on demands by Dalit Christians and Muslims for full Constitutional rights due to the Central government once again failing to officially respond citing it had not yet heard from the National Commission for Scheduled Castes.

"The adjournment came after Gopal Subramanium, additional solicitor general for the Indian government, told the court that the United Progressive Alliance government led by Prime Minister Dr. Manmohan Singh had still not received a report from the National Commission for Scheduled Castes," reported All India Christian Council.

An earlier report by former Chief Justice Ranganath Misra's panel had accepted the appeal of Dalits and recommended in May 2007 that Christian and Muslim converts from untouchable castes be given the same privileges offered to Dalits who have become Sikhs, Buddhists or Hindus. The Commission is yet to render judgement by the panel's recommendation.

National Integration Council member Dr. John Dayal said, “This seems part of a planned dilatory tactic. This entire process of referring the issue to various commissions has taken more a year. If the government wants it and has the political will, it can change the law and restore full rights to all Dalits."

“Dalits who converted to Sikhism and Buddhism have been given these rights, but those to Islam and Christianity continue to be punished by being deprived of affirmative action. Article 341 Para 3, which was amended in 1956 and 1990 to benefit Sikhs and Buddhists, must now be changed to also include others. Indian secularism will be strengthened by not bringing in religion in matters of affirmative action,” said Dr. Dayal.

Dr. Joseph D’souza, President of the All India Christian Council noted that the demand for Scheduled Caste status for Dalit Christians and Muslims is a fundamental civil right. “The access to affirmative action must be restored to all Dalits unconditionally and irrespective of religion,” he said.

Although the Constitution Scheduled Castes Order 1950 provides the status of scheduled caste benefits like reservations in education and government jobs, these benefits cannot be applied if a Hindu converts to any other religion. Later the order was revised to include Dalit Sikhs and Buddhists while there was no inclusion of the Dalit Christians.

Meanwhile, Christians disappointed by the delay of the government has today organised a dharna in the capital. The dharna is to seek equal rights and justice by the government.