Reservation to the converted Dalits / SCs and the communalization of Secular polity in India – Politicization of caste, race and hierarchical systems among the religions (2)
Congress never wanted and BJP definitely does want such religion-based-quota: Major mainstream parties have been wary of disturbing the reservation hive for various reasons. The ruling BJP is ideologically opposed to the proposal, fearing it would incentivise religious conversion. The Congress does not want to stick its neck out to avoid a possible blowback from Dalits on sharing their reservation pie. For, if the quota becomes religion-neutral, there are concerns that Dalit Christians could corner all the benefits like jobs and electoral seats in reserved constituencies since they are better educated and more organised. Only the fringe elements supported by the regional parties that have divisive ideologies continue to support such legal wrangles. And these divisive parties have always been aided and abetted by the Chiristian and Mohammedan groups.
The Christian and Mohammedan groups play double roles: Christianity and Islam claimed, claim and continue to claim that they have been universal religions strictly following the utopian and egalitarian principles treating their believers equally in all aspects and respects. “Though textually, Christianity and Islam are egalitarian, deep caste discrimination within them is no secret, which is why Dalits among them want the SC quota,” thus, argues the columnist. Failing to get political redress, Dalit Christians approached the judiciary. However, their case fell in the Supreme Court earlier for want of empirical evidence. Later, a couple of NGOs filed a new PIL, citing the findings of a clutch of reports to buttress their demand for SC quota to all converts. And a bench led by Justice Chandrachud issued a notice to the Centre, hence the new panel. The committee’s terms of reference include examining the changes in customs, traditions, social status and discrimination of converts compared to their peer groups within the SC quota to get a better fix on the complex, multidimensional issue.
2024 Report would be submitted after the General Elections: However, by the time the panel’s report is submitted, the 2024 Lok Sabha polls would have been over[1]. Coincidentally, liberal judge Chandrachud would have almost completed his tenure as CJI, assuming incumbent U U Lalit recommends him as successor, going by the convention of naming the next in seniority for the top post[2]. That Justice Chandrachud did nudge the Centre to set up the panel is in itself an achievement. But it would be up to the next government and Chandrachud’s successor to pick up the threads and amicably settle the knotty question. Thus, judicial calculations can be made, but, evidently, the Christians have already made it an “international issue,” cleverly suppressing their racial, racist and racialist discriminations, crimes and genocide carried on in different parts of the globe and revealed even today, as happened in Canada in 2022.
The reservation under the Presidential Order 1950 is only for Hindus: The first order under this provision was issued in 1950, and covered only Hindus. Following demands from the Sikh community, an order was issued in 1956, including Sikhs of Dalit origin among the beneficiaries of the SC quota. In 1990, the government acceded to a similar demand from Buddhists of Dalit origin, and the order was revised to state: “No person who professes a religion different from the Hindu, the Sikh or the Buddhist religion shall be deemed to be a member of Scheduled Caste.” It does not. The Department of Personnel and Training (DoPT) website states, “The rights of a person belonging to a Scheduled Tribe are independent of his/her religious faith.” Thus, the ST has been delinked with the religion, because of the age-old factors, issues and complexities[3]. Following the implementation of the Mandal Commission report, several Christian and Muslim communities have found a place in the Central and state lists of OBCs.
Private Bills, Congress government could not do anything till 2014: After 1990, a number of Private Member’s Bills were brought in Parliament for this purpose[4]. In 1996, a government Bill called The Constitution (Scheduled Castes) Orders (Amendment) Bill was drafted, but in view of a divergence of opinions, the Bill was not introduced in Parliament[5]. The UPA government headed by Prime Minister Manmohan Singh set up two important panels: the National Commission for Religious and Linguistic Minorities, popularly known as the Ranganath Misra Commission, in October 2004; and a seven-member high-level committee headed by former Chief Justice of Delhi High Court Rajinder Sachar to study the social, economic, and educational condition of Muslims in March 2005. The Sachar Commission Report observed that the social and economic situation of Dalit Muslims and Dalit Christians did not improve after conversion.
The Ranganath Misra Commission – reservation for Muslims: The Ranganath Misra Commission, which submitted its report in May 2007, recommended that SC status should be “completely de-linked…from religion and…Scheduled Castes [should be made] fully religion-neutral like…Scheduled Tribes”. The report was tabled in both Houses of Parliament on December 18, 2009, but its recommendation was not accepted in view of inadequate field data and corroboration with the actual situation on the ground. A report by a team of sociologists led by Satish Despande, titled Dalits in the Muslim and Christian Communities — A Status Report on Current Social Scientific Knowledge, said in January 2008 that there was a strong case for extending SC status to Dalit Christians and Dalit Muslims[6]. However, the study, which was commissioned by the National Commission for Minorities, was also not considered reliable due to insufficient data[7]. Generally, these reports appear to have been biased and prepared on the then available selective data and information and thus come to a conclusive recommendation. Thus, if anybody reads the reports carefully, it could appear that they prepared the reports keeping the conclusion in mind.
BJP, RSS opposed to such religion-based quota: In February 2010, the BJP national executive passed a resolution criticising the Misra Commission. It said that the “Commission cannot dictate or thrust its opinion on the Christian Pope or Muslim maulvis…reservation would amount to a formal introduction of a caste system in Islam and Christianity, thus changing the basic tenets of these religions, which is outside the jurisdiction of both Parliament and the judiciary and also contrary to the provisions of the Koran and the Bible.” Back in 1961, the Akhil Bharatiya Pratinidhi Sabha (ABPS), the highest decision-making body of the RSS, had said: “If any scheme of separate reservation…of different sects is sought to be envisaged for political purposes, it will prove highly detrimental to national unity…” 1990, in response to Christian demands for reservation on the lines of neo-Buddhists, the ABPS said, “the Constitution makers envisaged these concessions only to remove caste-based discrimination and inequality prevalent in Hindu society…”.
2022 The Supreme Court direction and the Commission formed: Based on the recommendations of the Ranganath Misra Commission, there are some petitions pending before the Supreme Court, seeking reservation benefits for Christians and Muslims of Dalit origin. In the last hearing on August 30, a three-judge Bench headed by Justice Sanjay Kishan Kaul gave the Solicitor General of India Tushar Mehta three weeks’ time to present the stand of the Union government on the issue. The next hearing is scheduled for October 11, and the government is likely to formally apprise the court of the notification of the Justice Balakrishnan panel. The politicization of quota, reservation and vote back can easily be noted in the “secular India.” Though, secularism is talked about as buzz word, in practice, only, communalism is followed. Similarly, though caste is opposed and discourses made, it is nurtured and converted into constituencies with vote bank for capturing through caste-based parties and electioneering.
© Vedaprakash
11-10-2022
[1] Indian Express, Power play behind panel to study SC quota for converts, Published: 10th October 2022 08:23 AM | Last Updated: 10th October 2022 08:23 AM.
[2] https://www.newindianexpress.com/opinions/editorials/2022/oct/10/power-play-behind-panel-to-study-sc-quota-for-converts-2506533.html
[3] Though, the missionaries, European Companies and armies fought with the tribal people of North-east, North-west and other areas of India, they could not succeed in totally eliminating their deep-rooted past culture, tradition, heritage and civilization. Many times, their roots are traced back to the Indian / Hindu origins only.
[4] Indian Express, Govt appoints panel to look into quotas for Dalit Christians and Muslims, here’s why, Written by Shyamlal Yadav, First published on: 07-10-2022 at 04:39:10 pm; Edited by Explained Desk, New Delhi, Updated: October 8, 2022 10:31:51 am.
[5] https://indianexpress.com/article/explained/why-govt-appointed-panel-to-look-into-quotas-for-dalit-christians-muslims-8195759/
[6] Legal Services in India, Reservation for Dalit Muslims and Dalit Christians, By Nirajdoiphode.
[7] https://www.legalserviceindia.com/legal/article-7525-reservation-for-dalit-muslims-and-dalit-christians.html