Dalit Case Back Before India's Supreme Court

The Supreme Court of India conducted a hearing yesterday on a case to remove a legal loophole that limits the civil rights of India's Dalit Christians and Muslims.

The case, which was filed in 2004 by India's Center for Public Interest Litigation, challenges the practice of excluding Christians and Muslims from the reservation system for college enrollment and government jobs.

The reservation system sets aside a certain number of college enrollment slots and government jobs for the country's 300 million Dalits and 400 million others who are classified as "Other Backward Castes". They are also known socially as the "Untouchables".

The delay in reaching a verdict in the case has led to the suspension of a government programme which reserves spots for low-caste students in the country's medical, engineering and professional schools.

The two judges who made the decision to suspend that programme in March said it could not be implemented until the full court could agree on its legality, in light of the case involving the reservation system. The judges also questioned the India Government's decision to base the number of reserved slots on the 1931 Indian Census - the last one that included caste as a category.

Gospel for Asia leader Simon John in New Delhi, India, says this latest action could cause a setback to the entire case.

"Many feel the ruling, though based on a seemingly justified proposition that no current data exists, will hinder the inclusion of Other Backward Castes," he said.

The disparities date back 57 years to when the Indian Government created the reservation programmes. At that time, the government declared the reservations applied only to Hindu Dalits, since the caste system was related to the Hindu religion. Christians and Muslims do not receive the special provisions and are therefore excluded from many opportunities to climb out of poverty. Dalits who become Christians lose their rights under the reservation system.

The agency filing the lawsuit argues that the caste system has been part of life in India for more than 3,000 years and that its practices are deeply ingrained in the country's social traditions. Even though the caste system has been outlawed for 50 years, it still maintains a stronghold in the country where the majority of the people traditionally practice the Hindu religion.

Amendments to the law in 1956 and 1990 extended reservation benefits to Sikhs and Buddhists, respectively.

In response to the recent legal challenge, the court ordered a study of the socio-economic and educational condition of people from low-caste and Dalit backgrounds who had left Hinduism. The National Commission on Minority Religion and Linguistics took two years to complete the study. In May the committee submitted its report, which concluded that Dalits of all faiths should receive reservation benefits.

While yesterday's hearing was important, John does not foresee that the case will be completely resolved anytime soon.

"The Supreme Court case will possibly take at least two to three years before a final decision is reached, and that would prevent those classified as 'Other Backward Castes' from enjoying the reservation benefits immediately," he said.

Gospel for Asia President KP Yohannan agrees. "We are praying for a major breakthrough that will improve the life of every Dalit, and trusting God for the result," he said.

"There are possibly millions of Dalits who would gladly become Christians but fear the loss of equal opportunity if they publicly do so," he added. "We are praying that the court will bring justice to these oppressed people, and give them the right to freely follow Christ without persecution. Imagine the joy in heaven when this happens! Let us all pray for a positive outcome."

The two leaders also ask for prayer for the court as it works through this case and especially for today's hearing. Additionally, prayer is requested for the organisations that are attempting to educate Dalits about this case and the possible effects it could have on them.

Gospel for Asia is a mission organisation involved in evangelism and church planting in Asia's unreached regions. Currently Gospel for Asia supports more than 16,500 church planters in 10 countries. On average, these missionaries establish approximately 10 fellowships every day among unreached villages and people groups. Gospel for Asia is also committed to training native missionaries. The organisation's 54 Bible colleges are preparing nearly 9,000 students to become full-time church planters.