JOHN DAYAL’S NOTE The following is the text of the order of the High Court of Orissa, Cuttack delivered by the Honourable Division Bench of Chief Justice Mr. Justice A K Ganguly and Mr. Justice B N Mahapatra on 18 March 2008 and true copy compared by B Patra and given on 20 March 2008 to the counsel All India Christian Council, which had filed a writ petition, putting a stay on the implementation of the Order of the District Collector and District Magistrate of Kandhamal District proclaimed on 11 January 2008 which had affectively banned the Christian church and NGOs from giving relief to the victims of the Anti Christian violence during Christmas week in most of the Kandhamal district once known as the Phulbani district. The All India Christian Counsel, represented by its Orissa Chapter president Rev Pran Parichha, had challenged the Collector’s order on 27th February 2008 through a Public Interest Litigation writ petition. The certified copy of the Honourable High Court Order came too late to help the community during Easter.
The High Court will hear the matter on 3rd April 2008.
The District Collector’s order has also been challenged in the Supreme Court of India by Archbishop Raphael Cheenath of Cuttack-Bhubaneswar Catholic Archdiocese.
The text contained here is only for information. Xerox copies of Court order will perhaps be required by NGOs and Church groups seeking to send relief to the people staying in the Barakhama refugee camp and others affected in the widespread violence. I could post or fax copies of the original if needed.]
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The High Court of Orissa, Cuttack
[Original Jurisdiction Court]
Writ Petition [C] Number 3028 of 2008
Code No. 211000
IN THE MATTER OF:
An application under Article 226 of Constitution of India
And
IN THE MATTER OF:
Public Interest Litigation challenging the arbitrary and unreasonable restrictions and ban imposed against the charitable and religious institutions for carrying our relief operation amongst the victims of communal violence in Kandhamal District or Orissa
And
IN THE MATTER OF:
All India Christian Council, [Orissa Chapter] being represented by its president Rev Pran Parichha, aged about 57 years, son of Late Subhas Chandra Parichha, at Kanika Road, PO Tulasipur, Town/ District Cuttack --- Petitioner
Versus
State of Orissa represented by the Chief secretary to the Government of Orissa, Orissa Secretariat, Bhubaneswar
Principal Secretary to Govt of Orissa, Home Department, Orissa Secretariat, Bhubaneswar
Collector and District Magistrate, Kandhamal, at Po. Phulbani, District Kandhamal
Union of India, being represented by the Secretary, Ministry of Home Affairs, Government of India, New Delhi
--- Opp. Parties
On 18 .3.2008
Heard Counsel for the parties.
On the oral prayer made by the learned counsel for the petitioners, the name of Opposite Party number 5 is deleted from the cause title of the writ petition
Mr. Khuntia, learned counsel for the State, accepts notice on behalf of the opposite parties 1 to 4. Four extra copies of the writ petition be served on him by tomorrow, who will obtain instruction in the matter.
The mater will appear in the list on 3rd April, 2008
Perused the impugned order dated 11.1.2008 annexed as Annexure 3 of the writ petition
This Court makes it clear that the order dated 11.1.2008, shall remain stayed. However, in the matter of distribution of relief materials, all parties involved therein should maintain law and order.
Urgent certified copy of the order be granted on proper application
A free copy of the order be handed over to the learned counsel of the State.
Signed
A K Ganguly
[Chief Justice]
B N Mahapatra, Justice
--------------------
Text of aicc writ petition IN THE HIGH COURT OF ORISSA, CUTTACK
(Original Jurisdiction Case)
W.P. (C) No. 3028_______________ of 2008
Code No. 211000
In the matter of :
An application under Article - 226 of Constitution of India.
And
In the matter of :
Public Interest Litigation challenging the arbitrary and unreasonable restrictions and ban imposed against the charitable and religious institutions for carrying out relief operation amongst the victims of communal violence in Kandhamal District of Orissa.
And
In the matter of :
All India Christian Council, (Orissa Chapter) being represented by its President Rev. Pran Ranjan Parichha, aged about 58 years, S/o. Late Subhas Chandra Parichha, At - Kanika Road, P.O. - Tulasipur, Town / Dist - Cuttack. ..... Petitioner
- Vrs. -
1. State of Orissa being represented by the Chief Secretary to Govt. of Orissa, Orissa Secretariate, Bhubaneswar.
2. Commissioner - cum - Secretary to Govt. of Orissa, Orissa Secretariate, Bhubaneswar
3. Collector & Dist. Magistrate, Kandhamal,
At / Po. Phulbani, Dist - Kandhamal.
4. Superintendent of Police, Kandhamal,
At / Po. Phulbani, Dist - Kandhamal.
5. Union of India being represented by the Secretary, Ministry of Home Affairs, Govt. of India, New Delhi.
..... Opp. Parties
The matter out of which the present application arises was not before this Hon’ble Court in the present form.
To,
The Hon’ble Sri A.K. Ganguly, M.A. LL. B. Chief Justice of Orissa High Court and His Lordship’s companion Justices of the said Hon’ble Court.
The humble petition of the petitioner named above ;
Most Respectfully Sheweth :-
1. That the petitioner in this writ application, craves to invoke the extra-ordinary jurisdiction of this Hon’ble Court calling in question the legality, rationality and reasonableness of the Circular dt. 11.01.2008 issued by the Collector & Dist. Magistrate, Kandhamal, imposing a blanket ban on the NGOs and charitable institutions in carrying out relief operation for the victims of communal violence in the Kandamal District of Orissa.
That apart, the petitioner has moved this writ application espousing the causes of suffering victims who have been terribly affected by the outbreak of unprecedented communal violence in the District of Kandhamal and who are not in a position to protect their own rights and interests on account of their poverty, incapacity and ignorance. Moreover, the petitioner in this writ application, has raised a matter of great public importance challenging the arbitrary and unreasonable decision of the opp. parties which has undermined the fundamental rights of the aforesaid victims as guaranteed under Part - III of the Constitution of India and in essence, sought for its enforcement.
2. That All India Christian Council, on whose behalf the petitioner has moved this writ application happens to be a registered Trust with an all - India Jurisdiction bearing Regn. No. ..................... Needless to say that All India Christian Council is a Non-govt. Organizaiton serving people at large in different States. It has opened a State Chapter in the State of Orissa in order to carry out its aims and objectives.
A true copy of the memorandum and aims & objects of the Trust are annexed herewith as Annexure - 1.
3. That it is peritnent to mention here that the Petitioner-Organization namely, All India Christian Council is serving people at the time of natural calamities irrespective of class, creed or religion. It has worked very closely with the Government in reaching the needy and helpless victims at the time of calamities. Be it Gujrat Earthquake or the Super Cyclone of Orissa or Tsunami, All India Christian Council, through its relief arm and one of its major constituents namely Operation Mobilisation India, has sprung into action to help the victims irrespective of their faith or religion. In this respect, the communication of the Commissioner-cum-Secretary to Govt. incharge of Co-ordination with NGOs for Dissaster / Cyclone relief and rehabilitation) is enclosed herewith as Annexure - 2 to show the relief operation undertaken in Orissa on behalf of the Petitioner - Organization.
4. That although the devastating scar of super cyclone has hardly been erased from the Public memories, yet another calamity of similar magnitude, (this time man - made), in the worst form of communal violence, has struck the most backward Kandhamal District of Orissa severely affecting about 1000 families. It all started on the Christmas eve i.e. 24.12.2007 when a pre- planned and organized attack was unleashed against minority christians by some fanatic groups which spread like wild fire across more than 70 villages in Kandhamal District destroying and ransacking several houses, churches, institutions which are mercilessly and monstrously turned into a bonfire much to the delight of the perpetrators of communal violence. The helpless victims including woman and children desperately ran helter - skelter and in order to save their lives they even took shelter in jungles amidst freezing cold. Apparently, the District Administration utterly failed to protect the life and property of the people and succumbed to the communal frenzy of the militant groups. Even today, the confidence of the victims have not been fully restored back and their constitutional guarantees of right to life and livelihood are still in great stake.
5. That in the above backdrop, undisputedly, the aftermath of communal violence in Kandhamal demands a massive relief and rehabilitation measures both by Govt. and non - Govt. agencies which need to be undertaken on an urgent basis without any further loss of time..
But, shockingly enough, the District Administration, instead of ensuring and creating a conducive atmosphere for carrying out the much - needed relief and rehabilitation activities in the affected areas and among the victims, it has arbitrarily and whimsically imposed a blanket ban on the same by issuing a Circular dt. 11.01.2008 restraining the Charitable / religious institutions or NGOs to carry out any kind of relief operation in Kandhamal District among the affected people on their own. Most astonishingly, the circular gives out an impending threat of legal action under the “relevant section of I.P.C. & Cr. P.C” against the institutions violating the instructions contained therein.
A true copy of the said circular dt. 11.01.2008 issued by the collector & Dist. Magistrate, Kandhamal, is annexed herewith as Annexure - 3 for the close scrutiny of this Hon’ble Court.
6. That being confronted with the arbitrary and unreasonable restrictions imposed under Annexure- 3, the Petitioner - Organization approached the Collector & Dist. Magistrate, Kandhamal (O.P. No. 3) by submitting a representation stating inter alia that it has undertaken relief and rehabilitation activities in Orissa during Super cyclone and also it has been extending such reliefs in other parts of the country irrespective of cast, creed and religion. In such circumstances, the Petitioner-Organization and for that matter any such relief agencies, institutions or NGOs should not be restricted to extend their helping hands for the victims at large.
A true copy of the said representation dt. 12. 02. 08 is annexed herewith as Annexure - 4 for the kind perusal of this Hon’ble Court.
7. That though several days have passed in the meantime, the said authority has not given any due attention to the impartial appeal made by the Petitioner - Organization for distribution of reliefs irrespective cast, creed or religion for the victims of the Kandhamal district. As the authorities are sitting over the matter, instead of taking any urgent decision, the petitioner - organization has no alternative than to approach this Hon’ble Court seeking appropriate and efficacious remedy for the benefits of the victims of communal violence in general. Hence, the petitioner - Organization impungs the legality and reasonableness of the Circular dt. 11.01.2008 under Annexure - 3 on the following amongst other ;
G R O U N D S
(A) For that the impugned circular under Annexure - 3 prohibiting the charitable / religious institutions or NGOs to carry out any kind of relief operation in the Dist. of Kandhamal among the affected people on their own, is per se inhuman, unreasonable and arbitrary in as much as it militates against the fundamental rights as well as human rights of the victims who have fallen prey to the unprecedent communal violence.
(B) For that the relief package announced by the Govt. is highly inadequate and does not cover all the basic necessities of the victims. In such an alarming situation, the relief agencies and NGOs like the Petitioner-Organization cannot be blatantly prohibited much less denied to participate in the relief operation because of the simple reason that the extension and distribution of relief to the victims of natural and/or man - made calamities, is purely a philanthropic act and hence it is highly preposterous on the part of O.P. No. 3 to think that such an act would further flare up the communal tension. If at all any such untoward incident takes place, then the Dist. Administration should not feel helpless to control the situation in lieu of deprieving the victims from the healing touch of relief operation.
(C) For that the stipulation and the high-handed insistence made by the Collector (O.P. No. 3) in the impugned circular that if any organization wants to give any relief material, they should give relief for all 1000 families and it should be donated to Dist. Red Cross Branch, which shall only be carrying the relief operation among the various affected people, amounts to gross arbitrariness in as much as no relief package or operation (which pre-supposes charity), can be subjected to ruthless regimentation and furthermore, no relief agencies can be dictated and/or compelled either to give reliefs for all the affected people or not to give at all. Needless to say that the extent of relief would always depend on the limits of economic capacity of each relief agency. As such, the impugned circular issued by the Collector under Annexure - 3, patently suffers from non - application of mind and hence on this ground alone, the same is liable to be struck down by this Hon’ble Court.
(D) For that even otherwise, the open threat of Criminal prosecution under the “relevant section of IPC and Cr. P.C. against the concerned NGOs, religious and charitable institutions, issued under the impugned circular is highly illegal, unfair and chauvinistic in as much as distribution of reliefs to the victims of communal riots cannot be equated with a criminal offence.
(E) For that the Petitioner - Organization has a right to give relief and assistance to the persons in distress and infact, it has undertaken substantial relief operation at the time of supercyclone in Orissa, in Gujrat riots and earthquakes and also during Tsunami. Moreover, the Petitioner - Organization is ready and willing to abide by any just and reasonable guidelines or to any regulatory mechanism ensuring its meaningful participation in the relief operation. In view of this, there is no reason why the Petitioner-Organization should not be allowed to undertake and handle relief operations among the victims in Kandhamal irrespective of caste, creed or religion on humanitarian ground.
(F) For that in the above premises, the impugned circular at Annexure - 3 being highly detrimental and injurious to the victims of communal violence in Kandhamal, the same cannot be allowed to operate any longer and hence it deserves to be set aside by this Hon’ble Court in the larger interest of the victims as well as for enforcement and protection of their fundamental rights enshrined under Article - 14 & 21 of Constitution of India.
(G) For that this is a fit case where this Hon’ble Court ought to invoke the power of judicial review in as much as the impugned circular at Annexure - 3 being highly unreasonable and oppressive, cannot pass
through the test of judicial scrutiny in the touchstone of Articles 14 & 21 of Constitution of India.
(H) For that there being no speedy and efficacious remedy as this, the petitioner begs to invoke the extra-ordinary jurisdiction of this Hon’ble Court seeking appropriate reliefs.
P R A Y E R
Under the above facts and exceptional circumstances of the case, this Hon’ble Court may be graciously pleased to issue Rule Nisi calling upon the Opp. Parties to show cause as to why ;
(i) The impugned circular dt. 11.01.2008 issued by O.P. No. 3 under Annexure - 3 shall not be quashed or set aside ;
(ii) A writ of mandamus shall not be issued against the Opp. Parties commanding them to allow the Petitioner - Organization to carry out the relief operation among the victims of communal violence in Kandhamal District irrespective of cast, creed or religion.
If the Opp. Parties fail to show cause or show insufficient cause, the said Rule be made absolute.
And / or any other orders / directions may be passed in the facts and circumstances of the case.
And for this act of kindness, the petitioner as in duty bound shall ever pray.
Cuttack By the Petitioner through
Date : 26th Feb.2008 Pratap Chandra Chhinchani
Advocate
Affidavit
I, Rev. Pran Ranjan Parichha, aged about 58 years, S/o. Late Subash Ch. Parichha, President of All India Christian Council, Orissa Chapter, At - Kanika Road, P.O. Tulsipur,, P.S. Bidanasi, Town / Dist - Cuttack, do hereby solemnly state and affirm as follows :-
1. That I am the petitioner in the present case.
2. That the facts stated above are true to my knowledge and belief.
Identified by:
Pratap Ch. Chinchani Rev. Dr. Pran Ranjan Parichha
Advocate Deponent.
Tuesday, March 25, 2008
Thursday, March 13, 2008
AICC, AICU regret hanging of Christianin Pakistan
Indian Christian groups regret hanging of Christian in Pakistan despite clemency appeals
PRESS STATEMENT
New Delhi, 13 March 2008
The following is the text of the Statement by Dr John Dayal on behalf of the All; India Christian Council, the All India Catholic Union, United Christian Action and other civil society and faith groups:
The Human Rights movement in the world must surely mourn the hanging of a Christian, Zahid Masih, on 12 March 2008 by the Pakistani regime at the end of trial widely criticized as violative of the principles of justice.
Masih was hanged to death at 6 a.m. local time on Wednesday, March 12 after being convicted of killing a Muslim boy. Zahid Masih, who was in his 20s, was executed at the Central Jail in the city of Multan in Pakistan’s Punjab province despite appeals for clemency. News reports said his frail mother and other relatives were seen crying inconsolably outside the jail when they received Masih’s human remains, two hours after the execution took place.
Pakistani and international rights groups have said it was an unfair trial. The defense team, church groups, and human rights organizations urged Pakistani President Pervez Musharraf and other authorities to grant him clemency. Masih’s lawyer, Prince Rehan Iftikhar, said he had personally filed a mercy appeal. The lawyer has said that during court proceedings “Zahid Masih was not given any chance to defend himself”, adding that “Pakistan’s government has treated him like a dog. No one heard our voice for mercy.”
The hanging of the Christian youth comes even as the President of Pakistan, retired General Pervez Musharraf released an Indian citizen who had been condemned to death on charges of spying. Clemency is also shown to many others on death row in Pakistan’s prisons.
It is a matter of deep regret that Pakistan’s governments, despite claims of the rule of law and justice continue to be extraordinarily harsh in prosecuting Christians, facing either charges of blasphemy under Islamabad’s notorious anti Blasphemy laws, or other criminal charges.
Under tremendous international pressure, including that by Indian Christian organisations such as the AICC and the AICU, the government in the past had reviewed the cases of other condemned prisoners. But in recent years, even as regime professes a commitment to democratic norms, the international human rights movements have seen a hardening of attitude in the authorities, both at the Federal government level as also in the provinces. This was also revealed by Pakistani delegates who attended the recent South Asian Minorities Council’s Global meeting at Parliament House complex in New Delhi.
We fully expect the United Nations Special Rapporteur for Freedom of Religious Beliefs now touring India, the UN Human Rights Council, and the Indian government to take up the matter of treatment of religious minorities – particularly the microscopic Christian community – by the regime in Islamabad.
PRESS STATEMENT
New Delhi, 13 March 2008
The following is the text of the Statement by Dr John Dayal on behalf of the All; India Christian Council, the All India Catholic Union, United Christian Action and other civil society and faith groups:
The Human Rights movement in the world must surely mourn the hanging of a Christian, Zahid Masih, on 12 March 2008 by the Pakistani regime at the end of trial widely criticized as violative of the principles of justice.
Masih was hanged to death at 6 a.m. local time on Wednesday, March 12 after being convicted of killing a Muslim boy. Zahid Masih, who was in his 20s, was executed at the Central Jail in the city of Multan in Pakistan’s Punjab province despite appeals for clemency. News reports said his frail mother and other relatives were seen crying inconsolably outside the jail when they received Masih’s human remains, two hours after the execution took place.
Pakistani and international rights groups have said it was an unfair trial. The defense team, church groups, and human rights organizations urged Pakistani President Pervez Musharraf and other authorities to grant him clemency. Masih’s lawyer, Prince Rehan Iftikhar, said he had personally filed a mercy appeal. The lawyer has said that during court proceedings “Zahid Masih was not given any chance to defend himself”, adding that “Pakistan’s government has treated him like a dog. No one heard our voice for mercy.”
The hanging of the Christian youth comes even as the President of Pakistan, retired General Pervez Musharraf released an Indian citizen who had been condemned to death on charges of spying. Clemency is also shown to many others on death row in Pakistan’s prisons.
It is a matter of deep regret that Pakistan’s governments, despite claims of the rule of law and justice continue to be extraordinarily harsh in prosecuting Christians, facing either charges of blasphemy under Islamabad’s notorious anti Blasphemy laws, or other criminal charges.
Under tremendous international pressure, including that by Indian Christian organisations such as the AICC and the AICU, the government in the past had reviewed the cases of other condemned prisoners. But in recent years, even as regime professes a commitment to democratic norms, the international human rights movements have seen a hardening of attitude in the authorities, both at the Federal government level as also in the provinces. This was also revealed by Pakistani delegates who attended the recent South Asian Minorities Council’s Global meeting at Parliament House complex in New Delhi.
We fully expect the United Nations Special Rapporteur for Freedom of Religious Beliefs now touring India, the UN Human Rights Council, and the Indian government to take up the matter of treatment of religious minorities – particularly the microscopic Christian community – by the regime in Islamabad.
Tuesday, March 4, 2008
EU questions on Orissa violence against Christians
Orissa violence figures in EU Parliament
Questions have been asked by European Parliamentarians on the Christmas 2007 anti Christian violence in the Kandhamala district of Orissa by VHP activists.
Europe MP Mr. Jim Allister asked “Is the EU Commission for External Relations aware of the widespread violence against Christians perpetrated by Hindu extremists in Kandhamala district, Orissa, during the week that preceded Christmas? Reports indicate that several Christians have been murdered, 65 churches have been burnt down, 600 homes of Christians have been destroyed, and hundreds of Christians have been displaced since the violence began on Christmas Eve. Has the Commission made representations to the Indian authorities to ensure that a thorough investigation be undertaken by the Central Bureau of Investigation and that police accept the complaint of the victims? Will the Commission make sure that action is taken against the perpetrators under the Scheduled Castes and the Scheduled Tribes Act and that justice is delivered by an appropriate court?”
The answer given by Mrs. Ferrero-Waldner on behalf of the EU Commission for External Relations Commission on 13 February 2008 was: “The Commission is aware of reports of recent violence against Christians, their homes and churches perpetrated by religious extremists in Kandhamala district, Orissa. In response to these events, Commission officials in Brussels have shared with Indian counterparts the concern widely felt in Europe over the scale of the violence and the targeting of the vulnerable part of the population. Indian officials have manifested awareness of the importance of pursuing justice and protecting the vulnerable in this situation. The Commission was also informed that, under Indian law, state government authorities hold the primary responsibility for law and order in the area. The Commission has received assurances that the Indian Government will ensure that action is taken. The Indian Embassy has also undertaken to provide further information in the future. The Commission’s Delegation in New Delhi will continue to gather information on the violence in Orissa. The Commission's Delegation in New Delhi will follow closely the decision taken by the judicial system against the perpetrators of these acts. In addition, the Delhi-based National Commission for Minorities (NCM) is expected to publish a report on the situation, prepared by the team, which the NCM sent on a fact-finding mission to Orissa earlier in January 2008.”
Questions have been asked by European Parliamentarians on the Christmas 2007 anti Christian violence in the Kandhamala district of Orissa by VHP activists.
Europe MP Mr. Jim Allister asked “Is the EU Commission for External Relations aware of the widespread violence against Christians perpetrated by Hindu extremists in Kandhamala district, Orissa, during the week that preceded Christmas? Reports indicate that several Christians have been murdered, 65 churches have been burnt down, 600 homes of Christians have been destroyed, and hundreds of Christians have been displaced since the violence began on Christmas Eve. Has the Commission made representations to the Indian authorities to ensure that a thorough investigation be undertaken by the Central Bureau of Investigation and that police accept the complaint of the victims? Will the Commission make sure that action is taken against the perpetrators under the Scheduled Castes and the Scheduled Tribes Act and that justice is delivered by an appropriate court?”
The answer given by Mrs. Ferrero-Waldner on behalf of the EU Commission for External Relations Commission on 13 February 2008 was: “The Commission is aware of reports of recent violence against Christians, their homes and churches perpetrated by religious extremists in Kandhamala district, Orissa. In response to these events, Commission officials in Brussels have shared with Indian counterparts the concern widely felt in Europe over the scale of the violence and the targeting of the vulnerable part of the population. Indian officials have manifested awareness of the importance of pursuing justice and protecting the vulnerable in this situation. The Commission was also informed that, under Indian law, state government authorities hold the primary responsibility for law and order in the area. The Commission has received assurances that the Indian Government will ensure that action is taken. The Indian Embassy has also undertaken to provide further information in the future. The Commission’s Delegation in New Delhi will continue to gather information on the violence in Orissa. The Commission's Delegation in New Delhi will follow closely the decision taken by the judicial system against the perpetrators of these acts. In addition, the Delhi-based National Commission for Minorities (NCM) is expected to publish a report on the situation, prepared by the team, which the NCM sent on a fact-finding mission to Orissa earlier in January 2008.”
Monday, March 3, 2008
Government adds another hurdle in path of Dalit Christians
Government mocking Dalit Christian sentiments in referring issue to yet another commission
PRESS STATEMENT
New Delhi, 4 March 2008
[The following is the text of the statement made to the media by Dr John Dayal today on behalf of the All India Christian Council and the All India Catholic Union while reacting to the comments of Union Welfare Minister Ms Meira Kumar in Parliament on the issue of Dalit Christians.]
NEW DELHI:
A cruel joke has been played by the Government on India's sixteen million Dalit Christians in referring to yet another commission their six decade long peaceful request to be restored Constitutional rights extended to Dalits of other religions.
The Government admits that every single Constitutional authority in the country has upheld the legal and moral validity of the demand of the Dalit Christians. And yet on 3rd March 2008, Minister of Social Justice and Empowerment Meira Kumar told Parliament that matter has been now referred to the National Commission for Backward Classes for consideration.
The Dalit Christians moved the Supreme Court of India in a Public Interest Litigation, fir which the next hearing is later this month. After the court was moved, the Government first sent the issue to the National Commission for Religious and Linguistic Minorities, headed by former Chief Justice of India Mr. Rangnath Misra, to suggest if Dalit and Backward Christians and Muslims could be treated at par with other with Scheduled Castes for reservations in Government jobs and admission in educational institutions. Justice Misra said the Dalit Christians had a legitimate case for being treated at par with other scheduled castes.
The Government then sent the issue the National Commission for Scheduled Castes, headed by former Union Home Minister Dr Buta Singh, who also ruled the commission had no objection to extending reservation to Dalit Christians and Muslims but the 15 per cent quota for Scheduled Castes should not be disturbed.
Now Ms Meira Kumar says the issue has to be examined afresh in view of Supreme Court setting a 50 per cent ceiling for reservation to all castes. Since Dalit Christians and Muslims have in some states classified under other backward classes and the reservation issue was referred to the National Commission for Backward Classes.
Although Ms Kumar says the reservation to Dalit Christians and Muslims is under detailed consideration process which is mandated by law and constitution, and that there is no attempt to delay the issue, there is ample reason to suspect the Government's intentions. It did not undertake this lengthy process while extending the reservations and other privileges to Sikhs and Buddhist Dalits some years ago. It is only in the case of the Christian demand that these new regulations have been suddenly discovered.
It may be recalled that the Centre for Public Interest Litigation and several others have filed Civil writ petitions in the Supreme Court wherein it has been requested to declare clause (3) of the Constitution (scheduled castes) order, 1950 as unconstitutional and void as it denied benefits to Dalit Christians and Muslims. Petitions have also been filed in High Courts of Bombay, Madras, Jammu & Kashmir, Punjab and Haryana and Rajasthan.
In the final analysis, the issue is one of the Government's political will to extend to Dalit Christians and Muslims the identical privileges enjoyed by Hindu Dalits and also by Dalits professing the Sikh and Buddhist faiths. Most political parties, in the ruling alliance as well as in the Opposition ranks, have supported the cause of the Dalit Christians. These include three major parties – the Communist Party Marxist-led Left Front which rules in West Bengal and Kerala, the Bahujan Samaj Party in power in Uttar Pradesh, and the Dravida Munnetra Kazhagam which has a Government in Tamil Nadu. The Hindutva Bharatiya Janata Party remains the solitary party to continue to oppose the Christians. But its allies, including Bihar chief Minister Nitish Kumar, have extended full support to the Christians.
The long delay in removing the religious bigotry in the law is both illegal and against the proclaimed secular policies of the United Progressive Alliance. The Government need not wait for the Supreme Court to decide the matter, but can announce its own decision in Parliament through appropriate legislation. The sooner it does so, the better will it be for its own credibility, and for the cause of freedom of faith and justice in India.
Released to the Media
Dr. John Dayal
Member: National Integration Council
Government of India
National President: All India Catholic Union (Founded 1919)
Secretary General: All India Christian Council (Founded 1999)
President: United Christian Action, Delhi (Founded 1992)
505 Link, 18 IP Extension, Delhi 110092 India
Email: johndayal@vsnl.com
http://groups.google.com/group/JohnDayal
Phone: 91-11-22722262 Mobile 09811021072
PRESS STATEMENT
New Delhi, 4 March 2008
[The following is the text of the statement made to the media by Dr John Dayal today on behalf of the All India Christian Council and the All India Catholic Union while reacting to the comments of Union Welfare Minister Ms Meira Kumar in Parliament on the issue of Dalit Christians.]
NEW DELHI:
A cruel joke has been played by the Government on India's sixteen million Dalit Christians in referring to yet another commission their six decade long peaceful request to be restored Constitutional rights extended to Dalits of other religions.
The Government admits that every single Constitutional authority in the country has upheld the legal and moral validity of the demand of the Dalit Christians. And yet on 3rd March 2008, Minister of Social Justice and Empowerment Meira Kumar told Parliament that matter has been now referred to the National Commission for Backward Classes for consideration.
The Dalit Christians moved the Supreme Court of India in a Public Interest Litigation, fir which the next hearing is later this month. After the court was moved, the Government first sent the issue to the National Commission for Religious and Linguistic Minorities, headed by former Chief Justice of India Mr. Rangnath Misra, to suggest if Dalit and Backward Christians and Muslims could be treated at par with other with Scheduled Castes for reservations in Government jobs and admission in educational institutions. Justice Misra said the Dalit Christians had a legitimate case for being treated at par with other scheduled castes.
The Government then sent the issue the National Commission for Scheduled Castes, headed by former Union Home Minister Dr Buta Singh, who also ruled the commission had no objection to extending reservation to Dalit Christians and Muslims but the 15 per cent quota for Scheduled Castes should not be disturbed.
Now Ms Meira Kumar says the issue has to be examined afresh in view of Supreme Court setting a 50 per cent ceiling for reservation to all castes. Since Dalit Christians and Muslims have in some states classified under other backward classes and the reservation issue was referred to the National Commission for Backward Classes.
Although Ms Kumar says the reservation to Dalit Christians and Muslims is under detailed consideration process which is mandated by law and constitution, and that there is no attempt to delay the issue, there is ample reason to suspect the Government's intentions. It did not undertake this lengthy process while extending the reservations and other privileges to Sikhs and Buddhist Dalits some years ago. It is only in the case of the Christian demand that these new regulations have been suddenly discovered.
It may be recalled that the Centre for Public Interest Litigation and several others have filed Civil writ petitions in the Supreme Court wherein it has been requested to declare clause (3) of the Constitution (scheduled castes) order, 1950 as unconstitutional and void as it denied benefits to Dalit Christians and Muslims. Petitions have also been filed in High Courts of Bombay, Madras, Jammu & Kashmir, Punjab and Haryana and Rajasthan.
In the final analysis, the issue is one of the Government's political will to extend to Dalit Christians and Muslims the identical privileges enjoyed by Hindu Dalits and also by Dalits professing the Sikh and Buddhist faiths. Most political parties, in the ruling alliance as well as in the Opposition ranks, have supported the cause of the Dalit Christians. These include three major parties – the Communist Party Marxist-led Left Front which rules in West Bengal and Kerala, the Bahujan Samaj Party in power in Uttar Pradesh, and the Dravida Munnetra Kazhagam which has a Government in Tamil Nadu. The Hindutva Bharatiya Janata Party remains the solitary party to continue to oppose the Christians. But its allies, including Bihar chief Minister Nitish Kumar, have extended full support to the Christians.
The long delay in removing the religious bigotry in the law is both illegal and against the proclaimed secular policies of the United Progressive Alliance. The Government need not wait for the Supreme Court to decide the matter, but can announce its own decision in Parliament through appropriate legislation. The sooner it does so, the better will it be for its own credibility, and for the cause of freedom of faith and justice in India.
Released to the Media
Dr. John Dayal
Member: National Integration Council
Government of India
National President: All India Catholic Union (Founded 1919)
Secretary General: All India Christian Council (Founded 1999)
President: United Christian Action, Delhi (Founded 1992)
505 Link, 18 IP Extension, Delhi 110092 India
Email: johndayal@vsnl.com
http://groups.google.com/group/JohnDayal
Phone: 91-11-22722262 Mobile 09811021072
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