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Supreme
Court and the Scheduled Castes
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By
P. Radhakrishnan |
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The
observations by the Supreme Court on whether the
Christians would admit that they practise caste system
and the Dalits among them face social discrimination,
and the query since when the Muslims have started
following the caste system seem to convey its perception
of social deprivations in terms of religious texts, and
its confusion between text and context. To place the
debate in perspective there are six issues to be
discussed here.
One, as
the emergence of Dalits among the Hindus is often
attributed to Manu’s misdeeds through his now infamous
injunctions, and the SC Hindus are the lower segment of
the Hindus, the Christian and Muslim demands raise the
question whether there are corresponding segments among
them. The answer is ‘yes’ for at least three reasons:
(a)
There is a world of difference between religion as
ideology and religion as praxis; and change of religion
by itself does not change the social reality through
which religion expresses itself. Stated differently, the
social disabilities of several centuries do not vanish
by a mere change of religion; more so, when the converts
do not live in a society of their own religion, but live
in the society of the dominant religion which they have
left. It is precisely for this reason that there has
been indigenisation of the religion of the converts.
Consequently, the Christian and Muslim reality in India
is not the same as in other countries, and it is
meaningless to apply to it textual ideals of equal
brotherhood and so on. In this context it is important
to recall the observations of Dr. B.R. Ambedkar, in his
‘Annihilation of Caste’, that caste being primarily the
breath of the Hindus, “the Hindus have fouled the air
all over and everybody is infected, Sikh, Muslim, and
Christian.”
(b) Far
from being proselytism, that is, making of individual
converts who at conversion are abstracted from their
social and cultural context, conversions in India have
been migration from one religion to another; or
conversion of individuals and whole groups without
detaching them from their social context.
(c) The
Catholic tradition of accommodation. When Robert de
Nobili established the mission in Madurai in 1606, he
set himself up as a Christian sanyasi, separating from
most contacts with low-caste Christians and conforming
to high caste patterns of behaviour in food, dress, etc.
His initial converts were from the high castes,
including Brahmins, and he allowed them to maintain most
of their customs. They were not required or encouraged
to break caste by associating with the mainly Paravar
Christian congregation or with foreign Christians. “By
becoming a Christian”, he wrote, “One does not renounce
his caste, nobility, or usages. The idea that
Christianity interfered with them has been impressed
upon the people by the devil, and is the great obstacle
to Christianity. “ Thus, de Nobili’s converts were
allowed to retain their tuft (kudumi), sacred thread,
customary bathing and food rules, and all the
regulations governing social intercourse. It was
therefore possible for them to remain Christians within
Hindu society.
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The social disabilities of several centuries do
not vanish by a mere change of religion; more
so, when the converts do not live in a society
of their own religion, but live in the
society of the dominant religion which they have
left. It is precisely for this reason that there
has been indigenisation of the religion of the
converts.
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In
spite of papal decrees of 1734 and 1744 denouncing
untouchabi-lity as alien to Christianity, and widespread
criticism of the Jesuits who were identified with this
policy of accommodation, it became generally accepted
among Catholics that caste was a civil institution,
which could be used for evangelistic purposes and
maintained with only minor modifications within the
Church. A major outcome of this has been the social
reality of Dalit Christians, caste-based segregation of
the converts within the church, and caste discrimination
among the clergy and laity.
Two,
the issues raised by the court are not new; they were
debated by the colonial administration in the context of
Hindu converts to Christianity. To draw upon a part of
this debate, in the context of representations to the
Madras government on securing to Indian Christian pupils
of backward origin the concessions admissible to the
backward classes under the Madras Educational Rule, in
1924 the Director of Public Instruction wrote:
Christianity is a religion while Panchamas (present SCs)
form a social class with a definite place in the caste
system, and it is not possible for any single individual
to profess two different religions, Christianity and
Hinduism at one and the same time and furthermore
Christianity does not accept any caste. So that
logically a person may be a Christian in which case he
cannot accept any caste system, and is not a member of a
backward class or he may be a Hindu Panchama or Adi
Dravida in which case, he may be a member of a backward
class. But he cannot be at one and the same time both,
Christian and Hindu (Panchama), both non-backward and
backward.
Responding to the DPI’s argument the Education Secretary
contended that conversion by itself does not
automatically and materially alter the economic
condition of the classes or remove their educational
backwardness.
Three,
though the SC list first appeared in a specific colonial
context as part of the Government of India Act 1935,
under pressures from the Depressed Classes and the
prolonged campaign of their leader Dr. Ambedkar, and
the groups included in the list were only Hindu
Untouchables, what was the purpose of creating the SC
list as part of the Constitution? It was not for
abolition of untouchabi-lity, that too among the Hindus
alone; the provision for that was in the fundamental
rights under Article 17, which refers to only
untouchability and its practice in any form without
reference to religion. If the SC list was for social
amelioration of the groups included in it, it is only
legitimate for Christians and Muslims to demand to be
similarly placed among them as the Hindu SCs are also
enumerated and included in the list. Failure to do so
will perpetrate the Hindu tilt of the state in
implementing a major provision of a secular
Constitution.
Four,
though the Government asked the Mishra Commission on
religious and linguistic minorities to examine the
demand of Christians and Muslims, and the commission
recommended delinking SC status from religion by an
amendment to the Constitution (SCs) Order, 1950, and
inclusion of Dalits among Christians and Muslims in the
SC list, the refusal of the government to make the
report public makes its bona fides suspect.
Five,
though the National Commission for Scheduled Castes has
endorsed the recommendation of the Mishra Commission,
its rider that inclusion of Dalit Christians and Muslims
in the SC list should not encroach upon the benefits of
those accessing reservations is questionable. Once the
Dalit Christians and Muslims are included in the SC list
they should be part of the same list, eligible for the
entire package of affirmative action including political
representation as now available to the SCs.
Six, if
Christians and Muslims did not recognise Dalits among
them and demand the same treatment to them as to the
Hindu Dalits till recently, it is the state that needs
to be blamed. Had the state paid adequate attention to
the SCs immediately after the Constitution came into
force and continued it systematically, say for ten
years, affirmative action as envisaged in the
Constitution would have come to an end long ago. By its
political chicanery and pussyfooting, as R H Tawney
rightly stated in his classic work Equality, the state
has only prolonged its indulgence in “inducing a
thousand donkeys... to sweat by the prospect of a carrot
that could be eaten by one.” That indulgence has proved
to be an irreversible and costly perversion of the very
idea of welfarism.
(The
writer is Professor of Sociology, Madras Institute of
Development Studies, Chennai)
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This page is
updated on January 9, 2009 |

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PRAISE THE ALMIGHTY
10 YEARS CELEBRATION
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Praise The Almighty
wishes all the readers a
Blessed New Year
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May Joy, Peace, Prosperity and Happiness be yours during the
New
Year 2009
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