By TwoCircles.net staff reporter
New Delhi: On 28 November, the case for getting constitutional benefits extended to Muslim and Chrsitian Dalits was delayed in the Supreme Court once again. The case that was filed in 2004 was adjourned once again, to be taken up after Christmas.
Mr. Gopal Subrmaniam, the additional solicitor general informed the court that the UPA government had not received report from the National Scheduled Caste Commission. The Commission is considering Justice Ranganath Mishra Commission’s report which is reported to have recommended that Christian and Muslim converts from the former scheduled castes be given the same benefits as is given to Hindus, Sikhs and Buddhists Dalits.
Indian Constitution gave benefits to all Dalits irrespective of their religious belief but a Presidential Order of 1950 restricted that benefit to only Hindu Dalits. The constitution provides legal protection and benefits including job and reservation in education institutions. Later Sikhs and much later Budhists were extended this benefit, but demands by Christians and Muslims have not moved the political parties.
Mr. Madhu Chandra of All India Christian Council while talking to TwoCircles.net said that demand is ““to restore the status of Scheduled Caste and Scheduled Tribes which was there before 1950.”
Referring to the adjournment of the case, the National Integration Council member Dr. John Dayal said, “This seems part of a planned dilatory tactics. 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 Dalit Christians.”
“Dalits 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 neo Buddhists, must now be changed to also include Christians, and the government can don it if. Indian secularism will be strengthened by not bringing in religion in matters of affirmative action,” says Dr. Dayal.
Dalit leaders and organizations including UP Chief Minister Ms. Mayawati are supporting extending benefits to Dalit Christian and Dalit Muslims.
All India Muslim Morhca, All India Muslim Dalit Front are the Muslim organizations supporting the reservation for Dalit Muslims. Jamiat Ulema-i-Hind also supports the cause of extending reservation to Dalit Muslims. A Jamiat spokesman told TwoCircles.net that Jamiat is of the opinion that a Dalit should continue to get constitutional benefit even when he adopts a new religion.
A rally is planned in Delhi on 10th December to press for demands of the Dalit community including reservation in the private sector and extending reservation benefits to all Dalits. Rally is organized by All India Confederation of SC/ST Organisations.