NATIONAL MOVEMENT FOR DALIT CHRISTIAN RIGHTS 
Camp Office: No 55 Bharatidasan Salai,   
TB Road, Madurai  625 010  Tamil Nadu, India  
PRESS STATEMENT
MADURAI, July 18th 2005

'Justice SB Sawant-Barrister Sona Khan Public Tribunal' says 1.6 Crore
Dalit Christians must get full Scheduled Caste rights irrespective of
religion
 
South India Dalits narrate assault on Human Dignity and Social,
Political and Economic  Disempowerment
 
[Statement by Dr John Dayal, Member, National Integration Council,
Government of India, New Delhi and Advocate Edward Arokia Doss, MA.BL.
Convener and Coordinator respectively of the NATIONAL MOVEMENT FOR
DALIT CHRITIAN RIGHTS, supported by the All India Christian Council,
the All India Catholic Union, The Voice of Dalit Christians and
Bishops and leaders of all major Christian denominations in India]

The Public Tribunal headed by Supreme Court of India retired Justice
SB Sawant and famed Jurist Barrister Sona Khan has said "It is
necessary that the Christian Dalits are given the same benefits aids
and advantages, facilities and opportunities as are given to   Dalits
of Hindus, Sikhs and Neo Buddhists on the basis of caste to which they
belong before conversion and which they are carrying even today."

The historic judgment of the first ever People's Tribunal hearings
into the six decade old Constitutional struggle came at the end of
tumultuous day of hearings in Madurai, Tamil Nadu, on 18 th July 2005.

The judgement, dictated on behalf of himself, Dr Sona Khan and a
distinguished jury by Justice Sawant himself, said "The Dalit
Christian People's Tribunal after recording evidence both oral and
written has come to the conclusion that it is highly unrealistic
socially and as well as legally to make distinction between Dalits on
the basis of religion.

"It should not be forgotten that we are considering social reality of
Indian life were the followers of all Non Hindu religions other than
Parsis, have been converts from the Hindu religion, except for a
microscopic minority."

"It is also unfortunately the sad reality the converts from Hindu
religion to other religions have carried their caste marks with them
whether they belong to higher caste or lower caste.

"The result today is all the religious communities in India except
Parsis, have an ingrained caste system prevalent in all spheres of
life.   We had assembled here to consider the special case of Dalit
Christians who were similarly converted from Hindu religion to
Christianity and carried with them the same disadvantages and
disabilities and they are carrying them even today.   They will
disappear if at all, only when similar disabilities suffered by Dalits
of other religions, namely Hindu, Sikhs and Neo Buddhist, will
disappear."

:"It is therefore necessary that the Christian Dalits are given the
same benefits aids and advantages, facilities and opportunities as are
given to   Dalits of Hindus, Sikhs and Neo Buddhists on the basis of
caste to which they belong before conversion and which they are
carrying even today," Justice Sawant, Barrister Sona Khan and the Jury
said.

As many as 573 witnesses from Tamil Nadu, Andhra Pradesh, Kerala,
Karnataka and Pondicherry registered at the public hearing. Hundreds
of others came to see the proceedings. The tribunal heard 20 persons,
and took written depositions from others. Documentary evidence on the
entire case was presented to the tribunal by Dr. john Dayal and Mr.
Edward Arokia Doss on behalf of the   organizers of the Movement, the
All India catholic Union, the All India Christian Council and Voice of
Dalit International.

Earlier, lighting a 'kuthuvilakku'  traditional brass lamp , the
Archbishop Emeritus M. Arockiaswamy   said the Government should
provide benefits to Dalit Christians on the basis of caste to which
they belonged and not discriminate them on religious grounds. 
Dindigul Bishop Antony Pappusamy said Dalit Christians were being
discriminated and as a result had to forego all Government benefits
meant for Dalits.

Apart from Justice P B Sawant and Barrister Mrs. Sona Khan, the
People's Tribunal Jury included Member of Parliament Karvendhan,
President of the All India Bar Council, Former Labour joint
commissioner VB Balram, Former MP Dr Kulaindaivel, Former Minorities
Commission member Jawahar, State Women's Commission former Chair Dr
Vasanthi Devi, Dr. Lakshman, MIDA, Chennai, and Dr Manikumar of
Sundaranar University.

Deposing before the tribunal, headed  Mrs. John Mary from Cuddalore
district said Dalit Christians affected by the tsunami in certain
villages in her district had not been provided relief by the State
Government so far.

The Public Hearings was held on the eve of the Supreme Court of India
taking up an appeal by the Public Litigation Centre, New Delhi, on the
Constitutional validity of existing legislation, which denies
affirmative action and special rights to many people of former
untouchable castes, including Dalit Christians, on grounds of
religion.   Protection of the Law and many privileges that are
available to Dalits of Hindu, Sikh and Buddhist faith are denied to
their brothers and sisters who have adopted Christian or other faiths.

The Public Hearings, organised by the Movement set up jointly by the
All India catholic Union, the All India Christian Council and Voice of
Dalit International, were fully backed by Catholic and Protstant
Church leaders. Present were Catholic Bishops Conference of India
executive secretary for Dalit affairs Fr Philomen Raj and former
secretary Fr Lourduswamy. Messages of solidarity and support have been
received from Bishop Percy Fernandez, Secretary General, Catholic
Bishops Conference of India, Bishop Dr Jeypaul David, President,
national Council of Churches in India, Dr Joseph D Souza, President,
All India Christian Council, and many Indian and International Human
Rights organizations.

The report of the Tribunal will be sent to the President of India, the
Chief Justice of India and Judges of the Supreme Court of India, the
National Integration Council, the Speaker of the Lok Sabha and to the
Prime Minister, State Chief Ministers and leaders of National and
State political parties, apart from the National Human Rights
Commission, the National Commission for Minorities and the National
Commissions for SC and ST, Women an Children respectively.

Madurai was chosen for the First Public Hearing as Andhra Pradesh,
Kerala, Pondicherry and Karnataka contain over 70 per cent of the
entire Dalit Christian population with Maharashtra, Punjab, Rajasthan
and Uttar Pradesh containing the rest. Of India's approximately 2.5
Crore (25 million) Christians, estimates are that over 60 per cent are
converts from the former untouchable or Dalit castes.

The struggle of the Dalits was also born in South India where under
casteist influence even the Christian Church and other religions at
one time fell prey to the practice of discrimination and ostracisation
of people converts from the untouchable castes even after
untouchability was outlawed.

The People's tribunal heard that even some cemeteries once had
separate areas for the burial of Dalit dead and the dead of families
who converted from the upper castes. Remnants and reminders of such
practices remain. The Church long ago renounced casteism. But as
Mahatma Gandhi famously noted in his magazine Harijan, the social evil
of casteism crosses the boundaries of religion. Although several
States now give Backward Class or Most backward class status to
coverts from certain castes, this does not meet the aspirations of the
people seeking dignity and equality.

In their formal deposition before the tribunal, the organizers, AICU,
AICC and VODI said the Founding Fathers of the Constitution of India
and the Freedom struggle leaders had NOT discriminated against Dalit
Christians. The Constitution when first signed by the late Prime
Minister Jawaharlal Nehru and others, had affirmative action
programmer for ALL Dalits suffering a 3,000-year history of debasement
and caste tyranny.   It was under the influence of a few casteist
elements that Presidential Order of 1950 restricted the privileges
only to Dalit Hindus. This effectively denied freedom of faith to all
Dalits and kept out a large section of Dalits from the protection of
the Constitutional guarantees of basic human rights.

Buddhists and Sikhs from Dalit origin wage bitter battles before the
Constitution was amended twice to restore them the rights that were
given to Dalits of Hindu faith. The fifty-year old struggle of the
Dalit Christians has so far been stalled by vested interests despite a
former Congress government moving a Bill in Parliament to correct the
injustice. The Bill could not be discussed because the Lok Sabha was
dissolved.

The presentation before Justices Sawant and Sona Khan emphasized that
the struggle was not for mere reservation in jobs and educational
institutions in the public sector. This is important. More important
is Human dignity and protection of law as equal citizens of India.
Dalit Christians cannot fully participate even in the Panchayat Raj
and grass roots democracy structures from reserved constituencies even
if they are the major group in the village or constituency. There are
other areas of discrimination also, including economic disempowerment.

The participants in the Public hearings will narrated their life
experiences. The Movement will present documentary ad historic
evidence before the Judges of the Public Hearing.
 
Forwarded By: Ancy S. D'Souza Paladka

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