Attorney General Statement Ominous for Dalit Christians says Christian Council

All India Christian Council
Palam Vihar, Sector 6, Dwarka, New Delhi, Email: aiccdelhi@gmail.com, www.indianchristians.in
  
For immediate release
Attorney General Statement Ominous for Dalit Christians says Christian Council
Government must tell India ’s Supreme Court it supports Scheduled Caste status for Dalit minority groups

NEW DELHI – February 23, 2011 – The All India Christian Council has termed as “ominous” the statement of Attorney General G.E. Vahanvati and is deeply concerned about an indefinite delay of equal rights for Christians and Muslims of Scheduled Caste origin. The Supreme Court was scheduled tomorrow to hear an oft-delayed case on the issue.

On Monday, the attorney general reportedly advised India’s Cabinet Committee on Political Affairs that the central government need not act “at this stage” on the long-standing demand by Dalit Christians and Dalit Muslims for Scheduled Caste status currently enjoyed by only Hindu, Sikh, and Buddhists adherents.

The Supreme Court is expected to hear a key case on 24 February 2011 when it expects the government to give its opinion on a challenge to Paragraph 3 of Article 341 of India’s Constitution (Scheduled Caste Order) 1950. More than dozen individuals and advocates, including Dalit Christians and Muslims, have joined the case. This case has seen numerous hearings and delays ever since early 2004.

The Cabinet Committee, headed by Prime Minister Manmohan Singh, includes Finance Minister Pranab Mukherjee, Home Minister P. Chidambaram, and Defence Minister A.K. Antony. Minorities Affairs Minister Salman Khursheed was a special invitee at the meeting. According to news reports, the AG feels the issue is very complicated and has several ramifications.

The Centre for Public Interest Litigation, run by former Law Minister Shanti Bhushan and his son Prashant Bhushan, filed Writ Petition (Civil) No. 180 of 2004 in early 2004 on behalf of plaintiff Franklin Caesar. Para 3 of Article 341 has been described by Christians and Muslims as anti-Constitutional and “communalising” the upliftment of the former untouchable groups who still remain the most economically and politically marginalised in India . The Supreme Court has repeatedly delayed a verdict because of the Union government’s inability to make up its mind on the matter despite repeated prodding by the court.

“This speaks of a debilitating indecisiveness which is born of political perfidy and bureaucratic obduracy. In short, India ’s officials need to stand for what is right. All Dalits face similar societal discrimination and deserve similar government benefits,” said John Dayal , Secretary General, All India Christian Council (aicc).

Dayal said, “Sections of the officialdom, belonging to the upper castes, and sections of the same power groups in the ruling and the major opposition party are opposing the assertion of the religious minority groups to regain their constitutional rights. We do not see why these groups feel so threatened. Our brothers and sisters in the Hindu, Sikh and Buddhist Dalits know that most government jobs and seats in educational institutions go unfilled, and there is enough for everyone to share without restricting each others’ privileges and rights.”

Dr. Jose ph D’souza, aicc President, said, “To be clear, we advocate the striking of religion in Article 341 as a qualification for Dalits to receive government assistance. This era of prevarication and political indecisiveness must end. Dalit Christians and Muslims must be given their rights now.”

Many experts believe the government has more than enough political support. Following a five decade long agitation, almost every opposition party -- barring of course the BJP -- has extended support to the demand of Dalit Christians. State Legislative Assemblies of Andhra Pradesh and other states have passed resolutions to this effect. Chief Ministers including Mr. Nitish Kumar of Bihar , Ms. Mayawati of Uttar Pradesh, and Mr. M.K. Karunanidhi of Tamil Nadu publically have urged the Union Government to restore Dalit Christian’s rights.

The National Commission for Minorities as well as the 2007 report of the National Commission for Religious and Linguistic Minorities (headed by retired Justice Misra and often called the “Misra Commission”) gave unequivocal support. The Justice Sachchar Committee acknowledged the disenfranchising of the Dalit Muslim groups. The National Commission for Scheduled Castes headed by former governor Mr. Buta Singh fully supports these demands, although it proposed a separate quota.

When the Constitution was signed, the affirmative action of reservations in jobs, legislatures, schools, and on such issues as rural development was given to all Dalits. Then communally motivated lobbyists forced the government to pass the 1950 order restricting privileges to Hindus alone. The government soon bowed to pressure from Dalit Sikhs and Buddhists and restored their rights. Even for the Christians, the Cabinet under Prime Minister Narsimha Rao passed a resolution and moved a Bill in Parliament to restore rights. The Bill wasn’t taken up for technical reasons, and Parliament was soon dissolved. Since that day, governments have been prevaricating on the issue with scant respect for legal precedent, legislative propriety and humane considerations. Dayal said, “It is a mystery why the government yet demurs.”

The All India Christian Council (www.christiancouncil.in), birthed in 1998, exists to protect and serve the Christian community, minorities, and the oppressed castes. The aicc is a coalition of thousands of Indian denominations, organizations, and lay leaders.

Released by

Madhu Chandra
PRO – aicc 9716004939