Showing posts with label Supreme Court of India. Show all posts
Showing posts with label Supreme Court of India. Show all posts

Saturday, August 8, 2009

Indian Goverment adm,its its agencies support cause of Dalit Christians

The Government has said that the National Commission for Minorities (NCM) has recommended the Scheduled Caste/Scheduled Tribes(SC/ST) status to converts to Christianity.

Minister for Minority Affairs, Shri Salman Khurshid, made the statement during the Rajya Sabha session on August 3.

Khurshid, in a written letter, apprised the Upper House of the Parliament that "National Commission for Minorities, under Section 9(1) of the National Commission for Minorities Act 1992, recommended that Scheduled Caste/Scheduled Tribes(SC/ST) converts to Christianity or Islam should continue to enjoy all privileges and benefits as SCs/STs on par with the SC/ST converts to Buddhism."

He continued: "Further, in 1997, NCM recommended for the outright removal of the Proviso in Constitution (Scheduled Caste) Order, 1950 which confines the SC status strictly to three specified religions."

He also cited the annual report of the National Commission for Minorities, 2006-07 that recommended, “Christian and Muslim dalits be given the benefit of affirmative action through reservation.”

There are about 20 million Dalit Christians in India fighting against the deprival of their rights and discrimination faced on grounds of religion. Their social, economic and educational benefits have been dismantled due to their conversion to Christianity.

Today, the Supreme Court was to respond to a Public Interest Litigation filed by an NGO and Franklin Caesar, a Dalit activist based in New Delhi.

Caesar told Christian Today that the court adjourned the hearing for after eight weeks. He was very disappointed that in spite of substantial reasons to grant the SC status to Christians, the court and the government is delaying the case.

"The letter of Khurshid surely is a positive sign that the government wants to render SC status. But, it is being delayed due to fear of Opposition and various other reasons, the government is unable to disclose," Caesar, who is also the coordinator of National Council of Dalit Christians, said.

"The Congress govt in its 1996 manifesto had promised to extend the benefits to Christians. They further proposed a bill in the government. The Cabinet also discussed this in 2008. But, none have taken any concrete steps to bring justice," he rues.

The National Commission for Minorities has clearly stood positive on the side of Dalit Christians. In its report, last year, it said, "There is a strong case for according Scheduled Caste status to Dalit Muslims and Christians."

The National Commission for Religious and Linguistic Minorities, headed by Supreme Court Chief Justice Ranganath Misra (Retd), also have maintained that Dalit Christians and Dalit Muslims be included in the reserved category.

But sadly, since last year, the Supreme Court of India has repeatedly delayed the hearing on lawsuits by Dalit Christians and Muslims requesting restoration of full Constitutional rights.

If finally the court acts judiciously, fifty-nine year wait of Dalit Christians would come to an end

Thursday, January 8, 2009

JOHN DAYAL’S NEW YEAR UPDATE ON ORISSA

Despite Supreme Court rap, Orissa government unable to keep peace in Kandhamal without help of federal police, Christians forced to compromise with criminals

Sister M recognises some of the rapist gang, but people fear a new armed gang fathered by the Sangh Parivar

In refugee camps and forests, expectant and nursing mothers go anaemic without Medicare

JANUARY 8, 2009

The Supreme Court of India’s ‘Quit if you can’t protect the minorities’ admonition to the Government of Orissa seems not to be taken too seriously by the Biju Janata Dal- Bharatiya Janata Party Coalition ministry in Bhubaneswar and the police headquarters in Cuttack.

Though six thousand federal troops of the Central Reserve Police Force and a Helicopter ensured a peaceful, if very un-Christmassy festival season in the forests and refugee camps of Kandhamal district of the State, shattered by two rounds of anti Christian bloodshed and arson in December 2007 and August-October 2008, ground level peace in forest villages remains a distant dream. A Supreme Court bench headed by Chief Justice KG Balakrishnan had made his remarks while hearing Colin Gonsalves, counsel for Archbishop Raphael Cheenath who had filed a Public Interest Litigation, informed the court that only “deceptive calm” existed in Kandhamal.

In fact, the State government is using its so called official peace committees, heavily loaded against the religious minority, to force withdrawal of criminal cases registered by Christians against those who burnt their houses in the first round of Sangh violence from 24-27 December 2007. As many as 107 churches and close to a thousand Christian homes were burnt at that time, as also some Hindu homes [in the Brahminigaon village]. The spirit behind the anti-Christian violence was Vishwa Hindu Parishad vice president Lakhmanananda Saraswati, whose murder by Maoists on 23 August 2008 sparked off the second round of mayhem.

Reports were then lodged with the police on January 2008. Criminal complaints were filed in the local courts. Of 127 cases registered in the 2007, only five were ever investigated, the National Commission for Minorities discovered. Affidavits were also filed with the Justice Panigrahi Commission of enquiry in which the VHP leader was named as the instigator. [The commission, after a few sittings in which we participated, has since then been formally boycotted by the Church and the Christian community for its blatant partisanship].

Now, in Brahminigaon, for instance, the District authorities are “encouraging’ victim Christians to reach an “accord” with the Hindu community with both parties agreeing to withdraw all criminal cases. Initial reports indicate that the authorities have ensured that there will be no one present when the criminal cases come up for hearing after some weeks.

The entire peace initiative has been under a shadow for want of transparency, and for the one-sided approach of the state officials who are totally under the sway of the BJP ministers in the Cabinet.

The same pressures are visible in the media coverage of the situation, especially in the Oriya language print and television groups. The media continues to target Christian politicians, religious heads and human rights activists. A particular target of criminal slander and coercion is Mr. Radha Kant Nayak, a former federal administrative officer, who is now a Congress member of the Rajya Sabha, the Upper House of Parliament in New Delhi.

The media attitude was also visible during the identification parade in Cuttack where some of them even found their way, much to the irritation of the magistrate, in the chamber where Sister “M”, raped in Nonagon village of Kandhamal in August 2008, recognised two of her assailants. While the Nun could recognise at least two men, Father Thomas Chellum, who was with her when she was attacked, and who was brutally beaten up himself in the presence of the local police and stripped naked, was still too disturbed to be able to identify his assailants from the mixed group of suspects and others paraded before him. Fr Thomas was one of several Catholic and protestant priests attacked and wounded in Kandhamal. A senior Catholic priest, Father Bernard Digal, treasurer of the Archdiocese of Bhubaneswar which covers Kandhamal, died later of his wounds. At least one Pentecost pastor was also butchered by the mobs.

NCM member Michael Pinto has said several Christians were still living under the threat of conversion. “This is not acceptable. The matter of conversions falls under the purview of the Freedom of Religion Act already in force in Orissa.

A new dimension to the terror in Kandhamal has been the emergence of two new groups which apparently will be working in tandem. One is the government sponsored civilian militia, of which 800 will be deployed in Kandhamal and paid out of state funds. The second is the group of 80 young men who had gone to Gujarat last year and have now returned, apparently well armed and well trained. This group has said they will execute Christian on the 23rd of every month to mark the killing of Saraswati. The Orissa government is quiet about it, but the media is trying hard to project it as a split in the Maoist group which killed Saraswati last August. [A detailed analysis of the Maoists and civilian militias operating in the forest areas of Orissa is being made, and will be circulated soon on this forum.]

At the human level, while the State government has gone on record to say it is not confident what will happen once the Federal police are withdrawn, possibly at month-end, the situation of the refugees remains dire. The European commission delegation surveyed refugee camps around Kandhamal and even in Andhra Pradesh before Christmas [they were refused permission to go to Kandhamal], and medical experts who have worked with refugees in the Raikia and G Udaygiri camps speak of widespread anaemia among pregnant and nursing mothers. The health of babies born in the camps since August 2008 is also pitiable for want of neo-natal Medicare and nutrition.

A new dimension was added his week when the authorities launched another phase of “thinning out” the camps by sending reluctant refugees back to their villages.

There has been a bumper crop of paddy this year, and ironically it remains unharnessed in most villages because the farmers with small land holdings are in the camps. While some of the crop has been stolen, much remains in the paddy fields and has to be harvested soon if the rice not to rot. The authorities are assuring safety, and some farmers are willing to go back to harvest the crops, but it remains to be seen how much protection the state forces will provide without the back-up strength of the federal police.

Sunday, August 26, 2007

Responding to the Chief Justice of India to get justice for Dalit Christians

Your honour, we discriminate

HT, August 24, 2007 Mumbai edition Op-Ed page

George Menezes


I AM responding to an embarrassing question asked by the Chief Justice of India while disposing of our case for equal rights for Dalit Christians. He asked whether Christians also practise the caste system. He gave the Centre eight weeks to respond to the Court.
The case has reached this point, after over 57 years of peaceful agitation. The process has seen several judicial interventions and an unbelievable number of Commissions studying the problem.
I have been a part of the process since 1986 as National President of the All India Catholic Union, and, in the last few years, from the sidelines watching and advising a massive grassroots movement involving several lay organisations, both Catholic and non-Catholic, supported very strongly by the Bishops Commission for Scheduled Castes and Scheduled Tribes.
I speak in this piece only about the Catholic Church, and I have to say to the honourable Chief Justice, hanging down my head in shame like Tom Dooley, that there has been a rampant caste system, both in the community and in the hierarchical Church.
Today an activist judiciary almost walks the talk. I am therefore tempted to take Chief Justice KG Balakrishnan for a walk. Let us walk into the villages, where dalits live together no matter what religion they belong to. Let us enter the hut of the Chamar family. Ramesh Chamar and his parents are Hindus. His brother John befriended some Salesian priests, studied in the Don Bosco School and became a Catholic. The whole family continues to be discriminated against in humiliating ways, by the upper castes Hindus, as well as by upper caste Catholics in the village.
But there is discrimination, not just from the community, but from the Government. Ramesh gets all the benefits reserved for Hindu Dalits. John gets none. Ironically, the upper-class Catholics in the area would never consider marrying their daughter to him.
Let me take a longer walk. I am presiding over a meeting of the Working Committee of the All India Catholic Union in a Diocese in Southern India. Suddenly a group of Catholic Dalits from the Diocese barge into the meeting and shout slogans against us.
They ask me to stop the meeting and walk with them through the Diocese. They take me to the Church and show me the "side" their only access to the Church and the benches at the back earmarked only for them. They take me to the cemetery, where a wall separates the burial place of the Dalits from that of the upper castes. Due to space constraints I am listing only a very few of the acts of discrimination they are subjected to. I get really mad and feel terribly ashamed. Together with members of the Working Committee, we break the wall and invite being arrested by the police for trespass. I notice with sadness that the upper caste members of my Working Committee are reluctant to join me in breaking the wall.
No doubt, things have changed since then and both the Catholic community and the Church are aware of the mortal sins they are committing. But the progress is slow, and therefore even today, in answer to the question of the Chief Justice, I have reluctantly to admit that the Catholic community and the hierarchical Church are discriminating against Dalit Catholics. That this is happening is natural in a country like India. The Church is not an island. It lives and breathes in the social milieu in which it exists. The Hindu upper caste discrimination against Dalits has a natural fall out on the Church. The economic exploitation, cultural suppression and political domination of the Dalits in the whole country for hundreds of years have their own repercussions on the Catholic Church dominated by an upper caste clergy.
Christianity has certainly made a difference and diluted the effect of the presence of caste discrimination. But it still exists and needs to be taken cognisance of by the Supreme Court. If special benefits provided in the Constitution have been given to Hindus, Sikhs and Buddhist Dalits, based not on religion but on social discrimination, there is no reason why the Christian Dalits who still suffer indescribable social ostracisation, despite their Christianity, should not be included in the Presidential Order of 1950, and get the same benefits.
Fifty seven years is a long time to wait, your Honour.
George Menezes is President Emeritus, All India Catholic Union