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This is an archive article published on November 26, 2004

Get this Bill passed

Recently a group of MPs submitted a memorandum to the prime minister, highlighting the problems of Christians of Scheduled Caste origin. The...

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Recently a group of MPs submitted a memorandum to the prime minister, highlighting the problems of Christians of Scheduled Caste origin. The fact is that the Union government over the years has failed to extend to this community the legal protection and constitutional benefits available to Dalits professing other religions.

Mahatma Gandhi and B.R. Ambedkar had often pointed out that a change of faith does not bring about a change in 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 8220;to deny them the constitutional protection of reservation solely by reason of change of faith or religion is to endanger the very concept of secularism8221; 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 8220;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 member of a Scheduled Caste and so that the unconstitutional nexus between caste and religion is eliminated8221;. In March 1996, Sitaram Kesri, then social welfare minister, submitted to the Lok Sabha the Constitution Scheduled Castes Order Amendment Bill 1996, that sought to amend the Constitution Order to include Christian converts. The Bill could not be introduced in Parliament due to the dissolution of the 10th Lok Sabha. The UPA government should now get this legislation passed.

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 so that they are in tune with today8217;s norms. During a debate in Parliament in December 1999, the then government stated that it would not 8220;want to interfere8221; in personal laws. But there should be no difficulty in carrying the amendments to the Christian Personal Law which have already been proposed to the law ministry by the representative Christian organisations.

The memorandum to the PM was endorsed by MPs belonging to different faiths. Whilst 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. Religious freedom and the right to propagate religion are enshrined in the Constitution but they should never be misused by inducing others to change their faith. I agree with my colleagues. Vulnerable communities require, not more religion, but an end to the abject poverty they live in.

The writer is an MP and former Union minister

 

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