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Indian Journal of Law and Human Behavior

Volume  2, Issue 2, July - December 2016, Pages 49-61
 

Original Article

Scheduled Castes Status to Dalit Christians and Dalit Muslims: Problems and Perspectives

Devidas G. Maley

Assistant Professor and Chairman, Department of Post-Graduate Studies and Research in Law, Gulbarga University, Gulbarga - 585 106.

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DOI: DOI: http://dx.doi.org/10.21088/ijlhb.2454.7107.2216.1

Abstract

 Marginalization as opposed to the mainstream is a form of deprivation of opportunities in terms of participation in social, economic, political, educational and cultural life. Upset with the marginalization and ill-treatment in Hindu society the dalits have been converted to several religions especially to Christianity and Islam. However, Religion is not the solution for the up gradation of status in society especially in Indian social context. This is learnt from the ever since demand for reservation in Scheduled Caste List by the Dalit Christians (DCs) and Dalit Muslims (DMs) in India by advancing argument that the mere conversion to a religion does not change their social and economic status. These combined communities cite many instances of social exclusions and marginalization within their own community and out-side the community in society. For which they are organising themselves to assert, argue and demand for social justice through the routes of reservation in the list of Scheduled Castes for which they belongs earlier to their conversion to Christianity and Islam. The movement for the demand was taking place ever since. However, the successive Central Governments are unable to carve out a concrete policy framework for addressing the demand. These communities have found an alternative route to justice for them through the judicial process. There are writ petitions challenging the 1950 Presidential Order pending before the Supreme Court of India. Earlier NDA Government clearly opposed move by citing many reasons. Frequently, the UPA government is adopting evasive methods to prevent a Court verdict on the issue. It sought several adjournments since 2005 and has adopted the tactics of constituting commissions and committees in response to the court’s order. Justice Ranganath Mishra Commission it had set up in 2005 submitted its report in May 2007, which was again referred to the National Commission for Scheduled Castes for further examination. Both the commissions are in favour of extending constitutional protection and guarantees to Dalit Christians and Dalit Muslims as available to their counterparts professing Hinduism, Sikhism and Buddhism. In this context it is important to note here that the 1950 Presidential Order was amended twice earlier in 1956 and 1990 to include Dalit Sikhs and Dalit Buddhist respectively. The present NDA government’s stand may not be changed of its earlier one. This paper attempts to examine the pros and cons of the reservation to DCs and DMs in SCs List and its impact on the current reservation policy.

Keywords: Marginalized; Dalit Christians (DCs); Dalit Muslims (DMs); Hinduism; Buddhism; Sikkism; Religion; Caste; Discrimination; Oppression; Social Exclusion; Reservation; Inclusive Policy; Social Justice.


Corresponding Author : Devidas G. Maley