social quota for ‘privileged’ castes is not unconstitutional

However, a large section of the population, especially the Dalits, considers it to be a discriminatory measure. The court ruled that those earning less than Rs 800,000 a year will be awarded 10% of jobs and university places. The government took as an example the policies regarding the most disadvantaged castes, which, however, continue to be marginalized – to the point that the Hindu Dalits converted en masse to Buddhism.

Milan () – Earlier this week, the Indian Supreme Court ruled that it is not unconstitutional to set a 10% quota for “Economically weaker sections” (EWS) in employment and education. The decision has sparked criticism and controversy. According to activists, and in particular Christian Dalits, this is a subterfuge that seeks to exclusively favor Hindus and those belonging to privileged castes (Forward Castes, FC).

The economically weakest sectors include families belonging to what is defined as the FC category, that is, those whose annual income is less than 800,000 rupees (10,000 dollars). According to one of the two judges in disagreement (in a court of five magistrates), the verdict of the Supreme Court thus validates “a principle of discrimination and exclusion.”

Indeed, the Indian Constitution already provided that 50% of jobs and places in universities be reserved for tribes and scheduled castes (for which the acronym SC/ST is used, from the English Scheduled Castes/Scheduled Tribes ) and those called Other Backward Classes (OBC), other disadvantaged classes.

These are categories of people belonging to lower castes who today live in conditions of economic and social backwardness due to historical discrimination. After Indian independence, measures aimed at these groups were implemented, while the caste division was formally abolished a year later, in 1950.

“Without a doubt, you have to help the poor,” he told Jesuit Father AXJ Bosco, who serves as coordinator of the United Front for the Rights of Dalit Christians (once defined as “untouchables”, “outcasts” or “without caste”). However, he questions: “Are they the real poor? Dalits are given quotas based on social backwardness”, but Christians and Muslims continue to be excluded and discriminated against because of their religious affiliation.

According to Professor Satish Despande, who conducted a study on the socio-economic situation of Christian and Muslim Dalits, most of them earn less than Rs 200,000 per year.

“There is no hope of getting scheduled caste status for Christian Dalits. Is it a crime or an injustice to be a Christian? Christianity may be a foreign religion, but Dalits are Indian citizens,” says Bipracharan Nayak, an activist from Orissa. In fact, the central government justifies the exclusion of Christians and Muslims – as opposed to Hindus, Buddhists and Sikhs – claiming that there is an “intelligible difference” with Islam and Christianity, since these religions are of “foreign origin”. . In reality, it is discrimination based on religion, and that is why a few days ago, the NGO Center for Public Interest Litigation filed a lawsuit before the Supreme Court, reiterating the principles affirmed in the Indian Constitution.

But it should also be mentioned that Hindus are tired of the growing religious polarization, which began in 2014 after the rise to power of the BJP, the Hindu nationalist party of Prime Minister Narendra Modi. In recent months, thousands of Hindu Dalits have converted en masse to Buddhism, in a sign of protest against abuses and against the central government. An event was held in Delhi in early October in which 8,000 people participated, writes Asian Nikkei. It is not the first time that mass conversions have been witnessed, but the demonstration that took place in the capital was labeled as “anti-Hindu” by BJP MPs. A minister from the Aam Aadmi Party, Rajendra Pal Gautam, was removed from his post for “his attempt to fuel community tensions and spread religious hatred in the country”.

Some argue that since the BJP came into government, there has been an increase in hate crimes against Dalits – be they Hindus, Christians or Muslims. According to data from the National Crime Records Bureau, in 2021 there were 6 crimes reported against Dalits per hour, a figure that equates to 50,900 cases. In the previous year, 50,291 were reported.

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Note made with the collaboration of Nirmala Carvalho and Purushottam Nayak.