SC to study Ranganath Misra recommendation
The Supreme Court will study the constitutional validity of the Ranganath Misra Commission recommendation for inclusion of dalit Christians and Muslims in the scheduled caste list to make them eligible for quota in education and jobs under the constitutional scheme.
?We want to examine whether the recommendation is valid under the constitutional scheme. A proper study has to be made,? an SC bench comprising Chief Justice S H Kapadia and Justices K S Radhakrishnan and Swatanter Kumar said on Tuesday.
Reacting to the apex court’s decision, Solicitor General Gopal Subramaniam said any amendment to identification of castes and the basis of the Presidential Order of 1950 providing for reservation to dalits among Hindus, Sikhs and Buddhists has to be left to Parliament alone.
Petitioner Centre for Public Interest Litigation (CPIL), which had filed the petition in 2004 in the apex court, argued through advocate Prashant Bhushan that the SC list should be prepared on the basis of the socio-economic conditions of persons and not on account of their religion.
?How is it that a dalit Hindu, Sikh or a Buddhist is eligible for reservation but not a dalit Christian or Muslim? Is this not discrimination on the basis of religion which is prohibited under the Constitution ?? wondered Bhushan.
He said the Presidential Order of 1950 had originally envisaged reservation for dalit Hindus. Later, in 1959 it included dalits from the Sikh community and for Buddhists in 1990.
?It is a bit of politically sensitive case and the government despite the recommendation from Justice Misra Commission, which was agreed to by National Commission for Scheduled Caste (NCSC), had not acted on it,? the government counsels argued.
The SC, however, said: ?We have to examine this very important issue. We are not worried about the political sensitivity involved in it. We want to examine whether the recommendations were constitutionally valid or not.?
The National Commission on Religious and Linguistic Minority headed by former CJI Misra had recommended that dalits continued to face discrimination even after converting to Christianity and Islam and hence deserved benefit of social affirmative action.
The NCSC, however, said that though it had no objection to reservations being granted to dalits who converted to other religions, the Centre should ensure that it did not carve out quota for them from the existing 15 per cent for SCs.
In its recommendation to the Centre, NCSC had on Sep 18, 2007 said: ?It was decided that quota should be extended to them but the share of 15 per cent of SCs should not be disturbed and the element of reservation for these communities (dalit Christians and dalit Muslims) should be determined by the government keeping in view their population.”
It also reminded the government about the SCmandated 50 per cent cap on total reservation.
The Struggle of Dalit Muslims and Dalit Christians for
scheduled caste status
There is no reason to not include Dalit Muslims and Dalit Christians in the
category of Scheduled Castes because these Dalits share the same socioeconomic
status, and stigma also, as their counterparts in the Hindu
community, concludes the report prepared by National Commission of
Minorities (NCM).
The report titled “Dalits in the Muslim and Christian Communities: A Status
Report on Current Social Scientific Knowledge” reveals that economically and
educationally, the condition of Dalit Muslims is generally poorer than other
Dalits, and Dalit Christians too lag behind upper caste Christians on that
front. The NCM thinks that the report is an important development in that the
courts have been repeatedly asking for objective data for providing
constitutional facilities to Dalit Muslims and Dalit Christians also. And it
rightly thinks so.
Discussing the social conditions of Dalit Muslims and Dalit Christians, the
report says, “There can be no doubt whatsoever that Dalit Muslims and Dalit
Christians are socially known and treated as distinct groups within their own
religious communities. Nor is there any room for disputing the fact that they
are invariably regarded as ‘socially inferior’ communities by their coreligionists.
In short, in most social contexts, Dalit Muslims and Dalit
Christians are Dalits first and Muslims and Christians only second.”
Some may argue the NCM conclusions, but there is no denying the fact that
Dalits in Muslim and Christian communities are not taken socially at par with
other castes in them.
The report further says, “While the overall status imposed on Dalit Muslims
and Dalit Christians is always that of an inferior group, the manner in which
social distance or superiority is asserted by non-Dalits (and specially the
‘upper’ castes) varies both across Dalit Muslims and Dalit Christians and also
across regions and contexts. Such variation is present in all Dalit
communities of all religions.” The report, however, admits that practices of
discrimination and exclusion against Dalit Muslims and Dalit Christians cannot
be described as intensified.
The report also talks about social, cultural and religious segregation faced by
Dalit Muslims and Dalit Christians. “Social segregation extends to the sphere
of worship and religious rituals, with separate churches and priests being
almost the norm among Dalit Christians and not uncommon among Dalit
Muslims,” the report concludes. The report has found that occupational
segregation, economic exploitation and untouchability, though not intense,
are also prevalent in the communities.
Equipped with the much-sought after study, the NCM would like to present
the case of reservation for Dalit Muslims and Dalit Christians before the
government. But there are some legal hurdles in the way. Not only NCM but
social and political pressure groups from the concerned communities will
have to work extra time to remove these hurdles first.
Dalit Muslims and Dalit Christians cannot be included among Scheduled
Castes, and thus they cannot be granted reservation, thanks to the
Presidential Order of 1950. That order denies inclusion of Dalits of any
community other than Hindu in the Scheduled Castes category. The third
paragraph of the order says, “notwithstanding anything contained in para 2,
no person who professes a religion different from Hinduism shall be deemed
to be a member of the Scheduled Castes.”
For announcing the Constitution Scheduled Castes Order 1950, paragraph 3
as ultra virus and ultra motive against the secularism of our esteemed Indian
constitution, Centre for Public Interest Litigation (Represented by former Law
Minister of India and eminent Advocate Mr. Shanthi Bhushan and Advocate
Mr. Prashant Bhushan) and Franklin Caesar Thomas had collectively filed the
civil writ petition in the supreme court of India on 22.03.2004. This petition
was filed by CPIL for getting the Scheduled Castes status to convert
Christian, Muslim members of the enumerated castes people of India.
Concerned with the above said civil write petition: 180, year 2004, Union of
India had referred this matter to National Commission for Religious and
Linguistic Minorities. NCRLM had positively recommended to Union of India
for granting Scheduled Castes status to the above said people by deleting the
paragraph 3 (as per the media report). After agreeing in the Supreme Court,
based up on the NCRLM Report, Ministry of Social Justice had asked the
National Commission for Scheduled Castes to give comment regarding the
extension of Scheduled Castes privileges to these people by giving one set of
the NCRLM report to the National Commission for Scheduled Castes.
By accepting the Social, educational, economical and cultural backwardness
of the Christians and Muslims of the Scheduled Castes origin people,
Scheduled Castes Commission had asked the Union of India for granting
them the Scheduled Castes status. As per the constitutional power of the
Indian Constitution Article 338, sub division 9, National Commission for
Scheduled Castes had accepted and recommended to grant Scheduled Castes
status to these people.
As per the above said recommendation, the above said Dalit Muslim and Dalit
Chirtian people are facing and affected by the traditional practice of
untouchability in the major civil society and in their religious society.
As per the revised modalities of the Union of India for getting Scheduled
Castes status to a particular community, state Governments should
recommend to Ministry of Social Justice and Empowerment. Then Census
Commissioner and the Registrar General of India should give
recommendations for these communities to be treated as Scheduled Castes.
Then finally, National Scheduled Castes Commission for Scheduled Castes
should give positive recommendation regarding the proposal. Then the Group
of Ministers or the Cabinet should pass resolution to bring bill in Parliament.
In our issue, up to this time twelve state Governments and Union Territories
had recommended to Union of India for granting the SC status to these
people : in the year 2000, Bihar State Assembly had passed resolution for
granting SC status to Dalit Christians and Dalit Muslims; in the year 2006
Uttar Pradesh State Assembly had passed resolution in the state assembly
for granting the SC status to Dalit Christians and Dalit Muslims, in the year
2009, Andra Pradesh state Government had passed resolution in its assembly
for granting the SC status to Dalit Christians and Dalit Muslims . Without
referring the matter to the Registrar General of India, directly Union of India
had asked the National Commission for Scheduled Castes to give comments,
as per the Government’s desire, NCSC had asked the Union of India to grant
SC status to these people. Scheduled Castes Commission’s entire
recommendation was submitted in the Apex Court of India by the Additional
Solicitor of India concerned with the above said Civil Writ petition No: 180,
year 2004. On 23.01.2008, the Additional Solicitor General of India had
asked the Apex Court to grant eight weeks time to take a decision in the
Cabinet, Group of Ministers meeting for bringing reply to the Apex Court of
India. But still Union of India did not file any reply in the Supreme Court of
India as per their Commitment.
With out proper evidences, materials, Union of India had granted Scheduled
Castes status to Dalit Sikhs and Dalit Buddhist. If question is raised for
granting the Scheduled Castes status to Dalit Buddhist and Dalit Sikhs, it is
told that Sikhism and the Buddhism are the off shoot of Hinduism. If it was
so, in the year 1950 itself these people would have been treated as
Scheduled Castes, why did the Union of India separately added Sikhism in
the year 1956 and the Buddhism in the year 1990, particularly in the
Presidential Order 1950, paragraph 3.
As per the National Commission of Minorities Act 1993, Buddhism and
Sikhism are the separate religions from Hinduism. When the Sikhism and
Buddhism do not recognize the untouchability and casteism, they had been
given the Scheduled Castes status.
For proving the social, educational, economical and cultural backwardness of
Dalit Christians with Dalit Hindus, Union of India is having the Mandal
Commission’s Recommendation, NCRLM Recommendation, National
Commission for Minorities Recommendation, National Commission for
Scheduled Castes recommendation, Detailed study done by Delhi University’s
Professor Dr. Satish Despande (Financed by Union of India’s National
Commission for Minorities), Sachar Committee (High Power Committee of the
Prime Minister of India) Recommendations regarding the extension of
Scheduled Castes privileges to Dalit Christians and Dalit Muslims, Cabinet
Note of the Year 1996 for granting the Scheduled Castes status to Christians
of Scheduled Castes Origin and various state Governments’ state commission
recommendations. The above said Commission Reports prove the traditional
practice of untouchability which is faced by Dalit Christians and Dalit Muslims
in the civil society and in their religious society par with Hindu Scheduled
Castes. Untouchability is a professional oriented discrimination in the society.
We do not want reservation to the elite people among Christians and
Muslims. But we want the Scheduled Castes reservation to the people whose
castes names are there in the Schedule of the Union of India who are
socially, educationally, economically and culturally backward par with Dalit
Hindus. The only stumbling block, paragraph three of the Constitution
Scheduled Castes Order 1950 should be deleted or amended to take the
religious ban (by bringing bill in Parliament) Or it should be striked by the
Apex Court of India as unconstitutional one.
United Nations Human Rights Council’s Committee on the Elimination of
Racial Discrimination had strongly recommended to Union of India in the year
2007, March for granting the Scheduled Castes status to these people. United
Nations Socio Economic Council and the Special Rapporteur on Religious
Tolerance of U N Human Rights Council had stressed the Union of India for
granting the Scheduled Castes status to Dalit Christians and Dalit Muslims
based up on violation of Human Rights basis.
Dalit Christians and Dalit Muslims are not living in their worshipping places,
but they dwell in the society where casteism prevails. Upper strata of the
Christian, Muslim and Hindu high castes people are treating these people as
untouchables, so Scheduled Castes reservation should be extended to these
people forthwith.
We are pleased to request Union of India to file reply in the Apex Court of
India as soon as possible based up on the above said Union of India’s own
documents.
Shanmohamed inamdar
TREASURER
ALL INDIA MUSLIM BACKWARD COMMUNITY WELFARE TRUST(AIMBC) MUMBAI MAHARASHTRA shan790@gmail.com