end years of "grave injustice" faced by Dalit Christians, and give them the same rights as people from other religious backgrounds, observers said.
At Wednesday’s hearing, former Justice Ministers Shanti Bhusan and Ram Jethmalani were to argue that the Indian constitution prohibits religious discrimination and that therefore the adoption of Christianity by Dalits cannot be used as a reason to withhold affirmative action benefits enjoyed by Dalits of Hindu, Buddhist or Sikh backgrounds.
60 percent of India’s estimated 25 million Christians are Dalits, also known as the "untouchables", the lowest caste in the country’s ancient system of Hinduism.
In an effort to address concerns over the treatment they received, India’s government gave Dalits in 1950 some benefits such as quotas of reserved places in government, employment, education, housing and the distribution of agricultural land.
REMOVING DISCRIMINATION
But the order made clear that if Dalits converted from Hinduism to another religion, they would lose these benefits under what is known as the Scheduled Caste status. The Supreme Court case, brought by the Center for Public Interest Litigation, had sought to remove discrimination against Dalits who embrace Christianity.
The Supreme Court has said it will examine "the constitutional validity" of current legislation. While members of most parties reportedly support the changes in the controversial legislation, the influential Hindu nationalist BJP supports the law.
Former BJP Justice Minister Arun Jaitley has been appointed by the Hindu hard-line group RSS to argue against extending equal rights to Dalit Christians, said religious rights group Christian Solidarity Worldwide (CSW), which supports the case.
GOVERNMMENT OPPORTUNITY
"The court case provides the Indian government with an ideal opportunity to address a grave injustice suffered by Dalit Christians," CSW’s Advocacy Director Tina Lambert told BosNewsLife. "It is vital that the international community joins CSW and others in calling for a change in the law to allow full freedom of faith to Dalits," she added.
Following a court hearing in August 2005, the Indian government set up the Mishra Commission to investigate the issue, but the Supreme Court has said it would not link the findings of the Commission with its ruling on the case. The Mishra Commission is expected to submit its report in late April.
Despite apparently growing political support for extending rights for Christian Dalits, churches remain concerned after the Indian Supreme Court reportedly ruled that the conversion of India’s tribal people to Christianity could disqualify them from running for some elective offices if the posts involve religious functions.
The President of the All India Catholic Union, John Dayal, reportedly said the court deeply injured minority rights. "The issue is both one of separation of church and state and of the right of minority religion believers to seek whichever secular political or administrative office they wish to," Dayal said in published remarks. (With BosNewsLife Research and reports from India).
