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Deccan Herald November 04, 2004 IN PERSPECTIVE Protect Christians of Dalit origin There is need to legislate a bill to give Christians of SC/ST origin their due rights and privileges By Eduardo Faleiro During the last session of Parliament a memorandum was submitted to the Prime Minister listing some of the grievances of the Christian community. The memorandum calls for effective implementation of the Prime Minister's 15-Point Programme for the Welfare of the Minorities. The programme was launched by the late Prime Minister Indira Gandhi and has been endorsed by all successive governments. There is a special cell in the Home Ministry to oversee the implementation of this programme though it has been quite ineffective in recent years. Seven of the 15 points deal with steps to prevent communal conflicts, for swift punishment to the culprits and for speedy and adequate relief to the victims of communal violence. Events in Gujarat and elsewhere have shown that often scant attention is paid to the observance of these directives. Rights of Christian dalits The memorandum highlights the failure of the Union Government to extend to Christians of Scheduled Caste origin, the legal protection and constitutional benefits available to dalits professing other religions. Mahatma Gandhi and Dr B R Ambedkar had often pointed out that change of religion does not bring about any change in the social status of the weaker sections. They continue to suffer the same social and economic disabilities. The Supreme Court held in the Mandal Case that "untouchability is a humiliating and shameful malady caused by deep-rooted prejudice which does not disappear with the change of faith..." (Indira Sawhney v. Union of India). The National Minorities Commission acknowledged this reality in its Annual Report for the year 1997-98 and recommended that "the Constitution (Scheduled Castes) Order 1950 should be amended so as to omit altogether the proviso that a person belonging to a particular religion cannot be regarded as a member of a Scheduled Caste, so that the unconstitutional nexus between caste and religion is eliminated." On March 11, 1996, the then Social Welfare Minister Sitaram Kesri submitted to the Lok Sabha, the Constitution (Scheduled Castes) Order Amendment Bill 1996. Its Statement of Objects and Reasons reads as follows: "Converts to the Christian religion who are of Scheduled Caste origin are precluded from the statutory benefits and safeguards accruing to the members of the Scheduled Castes. Demands have been made from time to time for extending these benefits and safeguards to Christians of Scheduled Caste origin by granting them recognition as Scheduled Castes on the ground that the change of religion has not altered their social and economic condition. Upon due consideration of these demands, it is proposed to amend the relevant Constitution (Scheduled Castes) Order to include the Christian converts of Scheduled Castes among the Scheduled Castes therein." The Bill could not be introduced in Parliament due to the dissolution of the 10th Lok Sabha. The present Government should now re-introduce this legislation and get it approved as a Constitution Amendment. Personal law changes Another matter of concern to the Christian community is the question of amendment of their Personal Laws. Some of these laws such as those relating to adoption and succession have become obsolete and need to be updated. During a debate in Parliament in December 1999 the then Government had assured that "with personal laws we do not really want to interfere. We will leave it to the community but if the community wants it we would only be too happy to carry out the necessary amendments". There should be no difficulty in carrying the amendments to the Christian Personal Laws which have already been proposed to the Law Ministry by the representative Christian organisations. The Memorandum was endorsed by Members of Parliament belonging to different religious denominations. While subscribing to it, some mentioned privately that they were doing so because the demands were just and fair but expressed misgivings about reported conversions being carried out by missionaries in some parts of the country. I was recently in the Mayurbhanj district of Orissa where Rev Graham Staines and his two sons were killed some years ago. During my stay in the district I found that both Christian and Hindu missionaries were propagating their respective faiths. What the adivasis need is not more religion but alleviation of their abject poverty, education, health care and infrastructure. The plight of the tribals in Mayurbhanj is similar to the condition of the tribal population in several other parts of the country and to provide them minimum living standards is a gigantic task. It cannot be left to non-governmental agencies including missionary organisations. However lofty their intentions, they will always be suspected of ulterior motives. The paramount responsibility rests with the Government to formulate and implement livelihood strategies for the weaker sections of our society. The writer is an MP and a former Union Minister. -- Question everything - Karl Marx