The third part of the Constitution (Scheduled Castes) states that:
No person who
professes a religion different from Hindu, Sikh or Buddhist religion shall be
deemed to be a member of Scheduled Caste.[1]
In India, most people in the Dalit community of Muslims and Christians consist
of people who have converted into Christianity and Islam due to discrimination.
In India, there is not much data on the Dalit Muslima and the Dalit Christians.
The caste factor is not traditionally associated with Islam or Christianity. It
is traditionally associated with Hindu Culture.[2]
Estimated Population of Dalits in Major Religions
(NSSO estimate of caste shares applied to Census religion totals)
|
Rural India |
Urban India |
Major
Religious
Communities |
Census 2001 Count of Population (Lakhs) |
NSSO 2004-05 Estimate of Dalit Pop Share (%) |
Estimated Dalit Population (Lakhs) |
Census 2001 Count of Population (Lakhs) |
NSSO 2004-05 Estimate of Dalit Pop Share (%) |
Estimated Dalit Population (Lakhs) |
Hindus |
61,12.6 |
23.35 |
14,27.3 |
21,63.2 |
18.20 |
3,93.7 |
Muslims |
8,87.9 |
0.55 |
4.9 |
4,93.9 |
0.63 |
3.1 |
Christians |
1,58.9 |
9.40 |
14.9 |
81.9 |
10.51 |
8.6 |
Source: National Commission for Minorities, NSS, 61st Round, 2004-05.[3]
What is Reservation?
The reservation system in India is an affirmative action system that provides
quota to the backward classes of the country in terms of education, jobs, and
politics. It allows the Indian government to create reserved quotas or seats for
"socially and economically backward persons" based on provisions in the Indian
Constitution that lower the criteria required in tests, job vacancies, and other
situations.[4]
The caste system in India is one of the oldest social systems, which still has
huge control over the Hindu religion. One of Hinduism's distinguishing feature
is caste, which refers to a complex set of social systems based on ceremonial
purity. A person's caste is determined from his birth. It is based on a system
called the 'varna system; which has four varnas; Brahmin, Kshatriya, Vaishyas,
and Shudras.[5] During the Vedic era, they were categorized based on their
occupation. There is one more category under the Shudra that does not fall under
the varna system. They are called 'Avarnas.' They are also known as Dalits,
Harijans, Lower Caste. This category is the present-day Scheduled Castes and
Scheduled Tribes.
The Scheduled Castes have faced discrimination along with the practice of
untouchability for centuries. Untouchability, in its overt and covert forms, was
made a cognizable and non-compoundable offence under the SCs and STs (Prevention
of Atrocities) Act, 1989, and strict punishment was given for any such
offence.[6]
Though the practice of untouchability is abolished in the
constitution in 1950, it is still present in rural India. In the urban areas of
India, one would not see the practice of untouchability physically, but it can
be seen with the segregation of resident housing. In many rural areas, people
are not allowed to use basic amenities like wells, enter temples, etc. The 2006
Khairlanji massacre and the 2020 Hathras gang rape[7] and murder case also
showed the situation of the present-day Scheduled Castes in rural areas.[8]
The aim of providing reservations in facilities to Scheduled Castes (SCs) and
Scheduled Tribes (STs) is to provide employment to certain members of these
groups. It primarily aims to inspire them and ensure their inclusion in the
state's decision-making process.
Conversion
There is not enough data on Dalit Muslims and Dalit Christians in India. It is
estimated that 20 million Christians in India, out of which seventy percent
belong to the Dalit community. They include Pulayans in Kerala, Parihas in Tamil
Nadu, Tigalas in Karnataka, Malas in Andhra Pradesh, Chamars in MP, UP, and
Bihar, Churahas in Punjab, Wankars in Gujrat, Mahars in Maharashtra, etc. The
Dalit Muslims are scattered in all the parts of India.[9]
The people who converted into other religions from Hinduism to escape from the
discrimination had to face discrimination even after converting. Many people did
not convert to Buddhism as the Neo-Buddhists had to face discrimination after
converting, so they chose Christianity and Islam.[10]
There have been many cases where Dalits have converted themselves into clusters.
In 2020, 430 people from the Dalit community converted themselves into Islam due
to the injustice faced.[11] Many people from the Hindu Dalit community believe
that converting to another religion will help them escape the prejudices from
the caste system. But even after converting, they are discriminated against into
sub caste. Despite their conversion, Dalit Christians and Dalit Muslims are
still denied access to "land, water, and dignity." And among them, the women
have to face more discrimination; one for being of a lower caste and the second
for being a woman.[12]
India Untouched
India Untouched is a documentary directed by Stalin K. It covers the caste-based
prejudices all over India. In the words of Stalin K, "Quite sadly, many of the
practices documented in this film still continue after more than ten years of
making it. I had made this with an intention to cut through the denial
surrounding untouchability and discrimination. Acknowledging the problem is the
first step towards finding a solution."[13]
It was observed in the documentary Caste-based discrimination is still common in
India today. Separate churches for Dalit and non-Dalit Christians existed in the
states of Gujarat, Kerala, and Tamil Nadu. There were separate cemeteries as
well. In Gujrat, the Christians who converted from Wankar, Valmiki, and other
Dalit communities into Christianity were not allowed to get housing in the
Patel-dominated area. In the state of Kerala, the religion of Christianity is
less followed from the bible and more from the caste consciousness. There are
different Churches for Pulaya Christians and Paraya Christians. Since the Dalits
have started converting into Christianity, other religions have started to
distance themselves from Christianity.
The Dalit Muslims are scattered in all the parts of India. It was observed in
the documentary that there is a division of Muslims on the basis of caste.
Untouchability is practiced by many people belonging to Khan, Sheikh, Syed, and
Pathan community against the Nat, Pamadiya, Halalkhor, Bhangi, Bhat, and Dhobi
Muslim communities. In many states, the mosques and the cemeteries are different
for the Dalit Muslims and the non-Dalit Muslims.
Reservation
Many people from the Dalit community still faced discrimination even after
converting to another religion. The First Backward Classes Commission, also
known as the Kalelkar Commission headed by Kaka Kalelkar, recommended in 1955
that "before the disease of caste is killed, all information about it must be
recorded and classified in a scientific manner as in a clinical record" and that
this could be done in the 1961 Census, if not earlier in 1957.[14]
In 1969, the first Parliamentary Committee on Untouchability, Economic and
Educational Advancement of the Scheduled Castes, determined that "all Scheduled
Castes who convert to religions other than Hinduism should be given all
concessions available to Scheduled Castes."[15]
Christians and neo-Buddhists (Dalit Buddhist converts) demand caste concessions
as well, according to a 1983 report by a High-Power Panel on Minorities,
Scheduled Castes, Scheduled Tribes, and Other Weaker Sections. It said, "the
Presidential Order of 1950 is suitably amended to include all Scheduled Caste
converts irrespective of the religion of their conversion so as to make them
eligible for all these concessions".[16]
Following the recommendations, converted Sikhs were included to the Scheduled
Castes group in 1956, and Buddhists were added in 1990, but Muslims and
Christians were left out.
The Dalit Muslims are scattered in all the parts of India. It was observed in
the documentary that there is a division of Muslims on the basis of caste. In
recent years, the wider Muslim identity has been under such strain that internal
distinction has become blurred. Even class, which used to be a trustworthy
protector for all religions in India, no longer protects Muslims. Muslims have
the least economic disparity because they are mainly poor, while Christians have
far more inequality because some parts are wealthy.[17]
The Constitution of India provides SCs with a variety of protections and
advantages that Dalit Muslims and Christians do not have. The SC/ST (Prevention
of Atrocities) Act establishes special courts to prosecute crimes against
marginalized communities and provide victims with redress and rehabilitation.
Muslims and Christians from Dalit communities are unable to run for seats in
constituencies reserved for SCs.
In India, there is a lack of data regarding Dalit Muslims and Dalit Christians.
In a separate endeavour called the Socio-Economic and Caste Census (SECC), the
Centre planned to enumerate overall caste data prior to the previous Census in
2011, but the data were not published.
There are approximately 3.2 million Dalit Muslims and Dalit Christians in India,
according to a 2008 report done by the National Commission for Minorities.
However, since the caste information it uses is focused entirely on responses
obtained by enumerators, who are not allowed to check the data they collect,
this is likely to be an underestimation. According to the report, 47% of Dalit
Muslims in urban India stay below the poverty line in 2004-2005. This is a
higher percentage when compared to Hindu Dalits and Christian Dalits.[18]
Limited data on various caste groups will make it difficult to make informed
policy and welfare decisions.
Source: Computed from NSSO 61st Round data.[19]
In the 2006 Rajinder Sachar Report, it was observed that the social and economic
of Dalits Muslims and Dalit Christians did not change even after conversion. The
report said, "Despite this, they have been deprived of SC status available to
their Hindu counterparts."[20]
Soon after the Sachar Committee report, in 2007, the Rangnath Mishra Commission,
or the National Commission for Religious and Linguistic Minorities acknowledged
the vulnerable condition of Dalit Muslims and emphasized that their inclusion in
the Scheduled Castes list, along with Dalit Christians, could reinforce Dalit
unity and make them more assertive. It suggested a sub-quota of 8.4 percent for
minorities within the OBC quota of 27 percent, as well as a reservation for
Dalit minorities within the Scheduled Castes quota of 15 percent.[21]
If they ever find out I'm a Christian, I will lose my position, no question
about it- says a Dalit schoolteacher who dresses in Hindu garb when teaching in a state
school near Mediapalli, but decorates his Hyderabad flat with images of Jesus
and the Virgin Mary.[22]
In the book Masawat Ki Jung by activist turned politician by Ali Anwar, the
author has covered the discrimination faced by Dalit Muslims by the upper caste.
The author talks about lower-caste Muslims such as:
Julaha (weavers), halalkhor,
lalbegi (scavengers), bhatiara, gorkan (gravediggers), bakkho, pamaria,
mirshikar, darzi, nat, chik, rangrez, among others, and their hardships.[23]
Professor Ashwini Deshpande speaking at the South Asia Centre, said that:
There
is a strong view that asking respondents about their caste will solidify caste
divisions, whereas the aim of independent India was towards obliterating caste
distinctions.[24]
According to a report, the Scheduled Caste citizens earn 21% less than the
national average income of the country.[25] This indicates that the Dalit
community is economically weaker than the national average even in the present
era. Dalits and other backward Muslims and Christians have been categorized as
Other Backward Classes in several states, like as Kerala and Karnataka, allowing
them to work and attend schools.[26]
Estimated Class Composition of Dalits in India, 2004-05
|
Rural India |
Urban India |
|
Below Poverty Line |
Rs.357-450 |
451-650 |
651-1200 |
Rs.1200 + |
Below Poverty Line |
Rs.539-800 |
801-1250 |
1251-2500 |
Rs.2500 + |
Hindus |
37.7 |
23.6 |
25.0 |
11.7 |
2.0 |
40.9 |
28.3 |
21.2 |
8.1 |
1.6 |
Muslims |
39.6 |
15.8 |
37.1 |
4.9 |
2.6 |
46.8 |
33.1 |
9.8 |
10.3 |
0.0 |
Christians |
30.1 |
33.5 |
14.0 |
16.4 |
6.1 |
32.3 |
30.9 |
22.0 |
12.7 |
2.1 |
Source: Ministry of Social Justice and Empowerment.[27]
The United Nations Committee on the Elimination of Racial Discrimination
formally rebuked India earlier this year for refusing Dalit converts to
Christianity and Islam affirmative-action benefits and demanded that the
prohibition be lifted.[28]
In January 2020, the Supreme Court of India decided to consider a case from the
National Council of Dalit Christians, a private organisation, to make
reservations "religious neutral" so that Dalits and Muslims might benefit
equally. In court, the case is still pending.[29]
In the case of
C.M Arumugam vs. S. Rajgopal, the appellant and the first
respondent have long been adversaries in the electoral war. They have been
running for election to the Mysore Legislative Assembly from the 68 KGF
constituency. They stood against one other as candidates from this seat in the
1967 General Election to the Mysore Legislative Assembly.
Only members of scheduled castes were eligible to run for this seat because it
was now a reserved seat for scheduled castes. The appellant subsequently filed
an Election Petition challenging the first respondent's election on the grounds
that, at the time he filed his nomination, he was not an Adi Dravida who
followed Hinduism, and hence was not qualified to contest for the reserved seat
from the 68 KGF constituency. The court had to decide whether a person who was a
member of the Adi Dravida caste before converting to Christianity could rejoin
his caste after converting to Hinduism.
The court has shifted the decision-making responsibility to the society in this
ruling. It claims that switching from Hinduism to another religion does not
necessarily mean losing one's caste. However, whether an individual will cease
to belong to a caste after rejecting Hinduism must ultimately depend on the
structure of caste and its rules and regulations.
As a result, it cannot be stated as a universally applicable absolute law that
when a member of a caste converts from Hinduism to Christianity, he loses his
caste membership. Real, he will normally cease to be a member of the caste upon
conversion to Christianity, but this is not always the case. It will be
determined by the caste's structure, laws, and regulations. There are castes in
India, especially in South India, where conversion has no repercussions because
such castes include both Hindus and Christians. Whether Adi Dravida is a caste
that fits into this category or not is a question that must be answered based on
the evidence presented in this case.
Furthermore, the court held that given the nature of a caste as it has developed
over time, conversion from Hinduism to another religion does not result in caste
loss since members of the caste can be of any religion. This can occur when
caste is determined by economic or occupational characteristics rather than
religious affiliation or when caste solidarity is so deep that conversion to
another religion does not break the connection between the convert and the
social community. This is a common occurrence in South India, where a person's
caste status is maintained even after conversion to Christianity in some
caste.[30]
In a recent case in February 2021, the Dalit Christians in Tamil Nadu protested
against the discrimination which they faced.
"We have faced discrimination within the Church as well as in civil society for
the past several decades, not only in Tamil Nadu but also in some other states,
and our demand remains the same - to treat Dalit Christians equally."[31]
To this, law Minister Ravi Shankar Prasad stated in Rajya Sabha that Dalit
converts to Islam or Christianity cannot claim reservation benefits.[32] This
indicates that even today, the Dalit non-Hindus are facing problems of
discrimination 74 years after independence.
Conclusion
The present situation is contradictory and unequal. There is a strong case for
including Dalit Muslims and Dalit Christians in the Scheduled Caste group based
solely on descriptive and statistical facts. If the reservation can be granted
to Buddhists, then it makes no sense to not grant reservation to Dalit
Christians and Dalit Muslims.
The Dalit Muslims and Dalit Christians mostly
consist of the people who converted from the Hindu Dalit community due to
centuries of discrimination and injustice. They are still discriminated against
even after converting. Reservation for Dalit Muslims and Dalit Christians should
be granted. Whether or not such prejudice can be proved in court, it will
undoubtedly weigh heavily on the minds of all fair-minded Indians.
End-Notes:
- India Const. part 3
- Sobin George, Dalit Christians in India: Discrimination, Development
Deficit, and the Question for Group Specific Policies, Indian Institute of
Dalit Studies, (2012), http://www.dalitstudies.org.in/uploads/publication/1473146694.pdf.
- Satish Deshpande, Geetika Bapna, Dalits in the Muslim and Christian
Communities A Status Report on Current Social Scientific Knowledge, Report
Prepared for the National Commission for Minorities - Government of India,
(2008),http://kscminorities.org/pdf/Status%20Report%20on%20Dalits_in_Christian_and_Muslim_Communities.pdf.
- Kailash Jeenger, Reservation Is About Adequate Representation, Not
Poverty Eradication, The Wire, (May. 18, 2020), https://thewire.in/law/supreme-court-bench-reservation.
- Akshay Shivdas, Varna System: The Forgotten Meaning, The International
Research Journal of Social Sciences, E-ISSN 2319- 3565 Vol. (512), 42-46,
(Dec, 2016),
http://www.isca.in/IJSS/Archive/v5/i12/8.ISCA-IRJSS-2016-173.pdf.
- Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act and
Rules (1995)
- S. M. Dahiwale, Khairlanji: Insensitivity of Mahar Officers, Economic
and Political Weekly, vol. 44, no. 31, 2009, pp. 29-33. (2009),
www.jstor.org/stable/25663388.
- Anushree Joshi, There is Caste in the Hathras Gangrape, You Just Refuse
to See It, Live Wire, (Oct. 01, 2020), https://livewire.thewire.in/gender-and-sexuality/there-is-caste-in-the-hathras-gangrape-you-just-refuse-to-see-it/.
- Prakash Louis, Dalit Christians: Betrayed by State and Church, Economic
and Political Weekly, 42, no. 16 (2007), http://www.jstor.org/stable/4419488.
- Yoginder Sikand, A New Indian Muslim Agenda: The Dalit Muslims and the
All-India Backward Muslim Morcha, Journal of Muslim Minority Affairs, 21:2,
287-296, (2001),
https://www.tandfonline.com/doi/abs/10.1080/1360200120092860?journalCode=cjmm20.
- Akshaya Nath, Over 430 Dalits convert to Islam in Coimbatore citing
injustice, more conversions underway, India Today, (Feb. 12, 2020, 12:15
AM), https://www.indiatoday.in/india/story/dalits-convert-islam-coimbatore-hindu-discrimination-injustice-1645564-2020-02-12.
- Bhupendra Yadav, What drives the Dalits to Christianity?, The Hindu,
(Nov. 02, 2010. 10:07 PM), https://www.thehindu.com/books/What-drives-the-Dalits-to-Christianity/article15673403.ece.
- Stalin K, India Untouched, (2007), https://stalink.wordpress.com/documentaries/india-untouched/.
- Kaka Kalelkar, Report of the Baclward Classes Commission, Government of
India, (1956)
- James, P. A., and G. Sreenivas Reddy, Commissioner for Scheduled Castes
and Scheduled Tribes, Economic and Political Weekly, vol. 14, no. 26, 1979,
pp. 1100-1104. JSTOR, www.jstor.org/stable/4367742.
- High Power Panel on Minorities, SCs, STs & Other Weaker Classes, Report
on Minorities, Ministry of Home Affairs, Government of India, (1983),
http://hdl.handle.net/123456789/9071.
- Sam Asher, Paul Novosad, Charlie Rafkin, Intergenerational Mobility in
India: New Methods and Estimates Across Time, Space, and Communities, (Feb,
2021), https://paulnovosad.com/pdf/anr-india-mobility.pdf.
- Satish Deshpande, Geetika Bapna, Dalits in the Muslim and Christian
Communities A Status Report on Current Social Scientific Knowledge, (2008),
http://14.139.60.153/bitstream/123456789/222/1/Study-DALITS%20IN%20THE%20MUSLIM%20AND%20CHRISTIAN%20COMMUNITIES.%20A%20STATUS%20REPORT%20ON%20CURRENT%20SOCIAL%20SCIENTIFIC%20KNOWLEDGE.pdf.
- Satish, supra note 2.
- Prime Minister's High Level Committee Cabinet Secretariat, Social,
Economic and Educational Status of the Muslim Community of India, (2006),
http://www.minorityaffairs.gov.in/sites/default/files/sachar_comm.pdf.
- Report of the National Commission for Religious and Linguistic
Minorities (Ranganath Misra Commission Report), Ministry of Minority
Affairs, (2007), http://www.minorityaffairs.gov.in/sites/default/files/volume-1.pdf.
- Yaroslav Trofimov, In India, 'Untouchables' Convert To Christianity --
and Face Extra Bias, The Wall Street Journal, (Sept. 19, 2007, 11:59 PM),
https://www.wsj.com/articles/SB119014428899931394.
- Ali Anwar, Masawat Ki Jung, (Indian Social Institute, 2005).
- Ashwini Deshpande, Even when class conditions are equalised, caste seems
to have an independent effect on future life outcomes, The London School of
Economics and Political Science, https://blogs.lse.ac.uk/southasia/2016/12/08/even-class-conditions-are-equalised-caste-seems-to-have-an-independent-effect-on-future-life-outcomes-ashwini.deshpande/?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+IndiaAtLSE+%28India+at+LSE%29.
- Shreehari Paliath, Vast Income Inequalities Within Castes: Study. Top
10% Among Forward Castes Own 60% Wealth, India Spend, (Jan. 14, 2019),
https://www.indiaspend.com/vast-income-inequalities-within-castes-study-top-10-among-forward-castes-own-60-wealth/.
- Shaju Philip, In election year, Kerala govt nod for OBC quota to Nadar
Christians, The Indian Express, (Feb. 14, 2021, 07:41 AM), https://indianexpress.com/article/india/in-election-year-kerala-govt-nod-for-obc-quota-to-nadar-christians-7173526/.
- Perspective Planning Commission, Percentage of Population Below Poverty
Line by Social Groups, 2004-05, Ministry of Social Justice and Empowerment,
http://socialjustice.nic.in/UserView/index?mid=76672.
- Yaroslav Trofimov, In India, 'Untouchables' Convert To Christianity --
and Face Extra Bias, The Wall Street Journal, (Sept. 19, 2007 11:59 PM),
https://www.wsj.com/articles/SB119014428899931394.
- Krishnadas Rajagopal, SC to examine Dalit Christians' plea that
reservation should be "religion neutral", The Hindu, (Jan. 08, 2020, 04:16
PM), https://www.thehindu.com/news/national/sc-to-examine-dalit-christians-plea-that-reservation-should-be-religion-neutral/article30512888.ece.
- C. M. Arumugam vs S. Rajgopal & Others on 19 December, 1976 A.I.R. 939,
1976 S.C.R. (3) 82.
- Bijay Kumar Minj, Dalit Christians stage protest march in southern
India, Union of Catholic Asian News, (Feb. 10, 2021, 04:57 AM), https://www.ucanews.com/news/dalit-christians-stage-protest-march-in-southern-india/91354#.
- Dalit converts to Christianity, Islam won't get quota, The Times of
India, (Feb, 12, 2021, 04:19 PM), https://timesofindia.indiatimes.com/india/dalit-converts-to-christianity-islam-wont-get-quota/articleshow/80871535.cms.
Suggested Articles On Reservation:
-
Caste and Conversion in India
-
Right to Reservation - A Fundamental Right
-
Conversion And Reservation: Christian Dalits And The Obstacles To Social
Mobility
-
Status Of Other Backward Class And Reservation Policy In Jammu And Kashmir
After Scrapping Of Article 370
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