Wednesday, 29 March 2017

the state of Christianity in Post – Independent India :Minority rights, Institutions, Reservation, Identity


Introduction
Indian Christianity has a very long history, the early Christians lived as a community and conserved a harmonious life with other faiths. The arrival of Portuguese and British made a tremendous change in the ecclesiastical history of India. Construction of Churches, evangelization, Conversion of low castes and tribals changed the face of Christianity in nineteenth century. More foreign missionaries travelled and get involved in mission activities in India and flows following enormous funds for construction of schools. The division of the vast land of our country on the basis of religion made Christians, Muslims, Sikhs and Buddhists as minorities. After independence Christianity faced more number of problems and it is still going on even though our country is a secular country. This paper will give the state of Christianity in Post Independent India, Problems of Minority rights, Institutions, Reservations and Identity.    
1.Conversion and Christianity in nineteenth century
Christianity was the oldest religion in India, St. Thomas Christians and the Roman Catholics were present prior to protestant mission. The early churches comprised of individuals often from widely diverse social backgrounds[1] and are a tiny elite group of high caste converts reflected to evangelism.[2] Christian missions, became aware of an unexpected and dramatic development, Churches static for decades had begun to grow at a rapid rate through conversions from untouchables and tribals which is a new experience not because of converts but of their large number.[3] Conversions brought in thousands of illiterate, poor and marginalized of the society inside the church.[4] Forrester affords, Christians were the first to respond to Dalit restlessness and the increasing opportunities they found to move out of the old oppressive order and so Christianity was adopted. Dalits and tribals saw Christianity the possibility of Human betterment, of education, of concern and help in crisis of famine and at courts in trials; they got converted.[5] After independence the number of missionaries who came to India had perceptibly increased.
2.Challenges faced by Christianity
2.1.Conversion
Conversion touches mainly the Dalits and tribals since it is they who converted en masse to Christianity from the middle of the nineteenth century.[6] The presence of foreign missionaries raised questions in Parliament and in Supreme Court. In March 1954, the Supreme Court of India-expressed its opinion that this right was a fundamental one firmly established in the Constitution and thus applied to everyone - citizen and non-citizen alike - who enjoyed the protection of Indian laws. With this explanation the missionaries were expressly authorized to spread the faith, thus fulfilling the task entrusted to them by the Church. In 1955 a bill came before Parliament which would have seriously handicapped the work of missionaries because it provided for a strict system of regulating conversions. The issue was conversions brought about by force, fraud or material inducements.  But the then Prime Minister of India, Nehru, came to the rescue of Christian missions and persuaded the Parliament to throw out the bill. 
In March 1955 a delegation under the leadership of Cardinal Gracias of Bombay requested an interview with Prime Minister Nehru and Home Minister Pandit Pant. Nehru, was sympathetic but pointed out that the problem was political and national, not religious. Pandit Pant, on the other hand, gave a practical advice which proved very helpful to the missions in the long run. Why the Catholic Church, which had a long and historic existence in the country, had not succeeded in training Indian priests and professors for seminaries.  The interview helped Roman Catholic Church to realize that in every sphere we have to recruit locally and train selected candidates for responsible positions.
In September 1956, a question was raised in the Parliament about an alleged increase in the anti-Indian activities on the part of foreign Christian missionaries. The Minister of State for Home Affairs, B. N. Datar, said that there is no factual basis, he said, for the assumption made in the question, according to the information available with the Government of India. At the same time he affirmed that no steps would be taken to check the work of foreign missionaries. A Bill was introduced in the Parliament in 1960 for protecting Scheduled Castes and Tribes from change of religion forced on them on grounds other than religious convictions. It was also thrown out because of resistance from the ruling party.
2.2.Foreign Funds
The Indian Church lacked economic maturity, though India has the most highly organized National Christian Council had to be largely paid for from abroad.  Even the institutional activities of Missions, viz., schools, colleges and hospitals were dependent upon foreign support.  Even the ordinary congregational life and pastoral duty still required some form of foreign aid. In some occasions missionaries were accused of supporting anti national activities.
2.3.Philanthropic works
The Niyogi Report gave concrete instances of how mission schools were used to influence the minds of young people. Harijan and Adivasi students came in for special attention. They were given free boarding, lodging and books were provided, they attended Christian prayers. Bible classes were made compulsory by treating as absent for the whole day those students who failed to be present in those classes. School celebrations were used for showing the victory of the cross over all other symbols. Hospitals were used for putting pressure on poor class patients to embrace Christianity. The richest harvest, however, was reaped in mission orphanages which collected orphans during famines and other natural calamities such as floods and earthquakes. The report suggest that the largest number of converts are from such backward classes living in areas where due to various causes only mission schools and hospitals exist. Most conversions have been doubtless insincere admittedly brought about in expectation of social service benefits and other material considerations.
3.Identity
Christianity became the low caste religion having Dalits and tribals as members of Church. Identity is a mark, which differentiates a person/community from others. The reason being that there are identities which are constructed by the people themselves while others by those outside the community, often with negative connotations.  Tribal is an identity given by those outside the community with contempt. The name means uncivilized, backward, low, and untouchable and so forth. In that context, the identity of a person determines both his/her status and role in the society, raising a fundamental question about a person's dignity and equality with others as a human. Tribals are not, theoretically, a part of Hindu social organization, but they have always been in touch with wider society in India. They have been exploited economically and socially by the non-tribals; Hindu landlords, moneylenders and industrialists who purchased their lands to establish industries in tribal areas.  Forest produces, which tribals bring to the markets for sale, are bought at throwaway prices. A number of tribes have revolted against their exploitation. The tribes are backward, particularly in regard to education and economic standing. Right from the beginning of the Independence, the tribal people of North East India resisted the imposed identity and treatment of the Indians. In fact, each decade saw the emergence of new movement for identity in the region.[7]
The untouchables in India have been given names in different places, commonly known as Dalits. The word ‘Dalit’ means oppressed, crushed, downtrodden etc. Dalit is word which untouchables themselves have adopted for their identification. Dr. Gangadhar Pantawane, a Marathi Professor defines “Dalit is not a caste, but is a symbol of change and revolution”. The word Dalit has been popularized by the “Dalit Panthers” and the Dalit writers of Maharashtra during the last four decades. They were the indigenous people of India subdued as untouchables by Hindu Brahmins. Most of the Dalit leaders and the leaders of Dalit movements agree they are not Hindus. They have their own identity without religion as a factor. [8] Very large number of people in India were treated as untouchables, unapproachable and unseeables. They were in search of equality and betterment of their status by escaping forms of tyranny, rigidity, exploitation and oppression. Conversion as a phenomenon leading to change of faith has been one of the means through which social promotion was sought in India. Conversion is to gain humanity, dignity of life, happiness, liberty, equality, fraternity and democracy, conversion is a must. Dr. Ambedkhar favored conversion and advised to discard Hinduism sooner or later.
3.1.The problem of Dalit Christians
The desire to find release from caste slavery and acquire social status was the motive behind conversions. There has been caste tension within Christianity and Dalit Christians experience double discrimination. On the other hand the state declares itself secular, does not extend the SC privileges to them on purely religious basis. Other Christians continuously treated the new converts as inferior. [9] Dalit identity is the only powerful weapon that can destroy the enemy, identity means recognition. [10]
4.Minority rights
Minority rights have gained greater visibility and relevance all over the world. India is no exception to it being a multi-ethnic, multi-religious, multi-linguistic and multi-cultural society. It is in this context that minority rights have assumed added significance in post-independence India. When India attained independence after its division on religious lines, religious minorities became very apprehensive of their identity. The Constitution of free India has given recognition to a number of languages in the Eighth Schedule and there are five religious groups which have been given the official status of National Minorities, namely, Muslims, Christians, Sikhs, Buddhists and Parsees. The framers of the Constitution bestowed considerable thought and attention upon the minority problem in all its facets and provided constitutional safeguards; yet the issue has evaded solution till today. Consequently, the progress of minorities in India is beset with problems including those of prejudice and discrimination. Today minority rights have introduced two new dimensions into democracy. First, they made community a legitimate subject of political discourse; and second, they placed the issue of inter-group equality on the agenda. The principle of non-discrimination and the concept of common citizenship are enshrined in all provisions of the Indian Constitution.  Father T.K. John expressed the feeling that the basic rights of the religious minorities are violated in a number of ways.
4.1.Right to Equality
The first and foremost is the Right to Equality (Article 14) which is an extension of the rights ensured in the Preamble to the Constitution. Article 14 of our Constitution says: The State shall not deny to any person equality before the law and shall provide equal protection for every person within the territory of India. But in the real sense, Indian minorities do not fully enjoy some of the basic fundamental rights. Christian minorities faces major problem with regard to fundamental rights.
4.2.Linguistic and cultural rights
The discrimination on grounds of religion is very clearly prohibited by Article 15 of our Constitution which says in clause (1): “The state shall not discriminate against any citizen on grounds of religion, race, caste, gender, place of birth etc.” This fundamental right against discrimination on ground of religion is one of the most important rights for the flourishing of any religiously pluralistic society as we have in our country. If a Scheduled Caste becomes a Christian, he loses all the reservation facilities, and if he produces a certificate of Scheduled Caste he gets back all the benefits. Even the children of the same Scheduled Caste parents, living under the same roof, sharing the same meals are discriminated against on the basis of religion. The Dalit Christians continue to be the victims of all kinds of ill-treatment. The history of independent India is both pathetic and shameful on the treatment meted out to Dalits.[11]
4.3.Right to employment
The Constitution in Article 16 gives equality of opportunity in matters of public employment. But, because of the Presidential Order of 1950 and the refusal of Shanker Dayal Sharma to issue an ordinance for reservation for Christians during the time of P.V. Narashima Rao as the PM the Article has been made infructuous. This has been made available to the Dalits in the fold of Hinduism, Sikhism and Buddhism but not to those who are Christians.  
4.4.Right of personal liberty
The fact that the Dalit Christians are not getting protection of life and personal liberty is manifest in the various government Acts and rules passed by Parliament to give special protection to the Scheduled Castes but these are not applicable to the Christians of Scheduled Caste origin during atrocities. These Acts and rules include Protection of Civil Rights Act 1955, Protection of Civil Rights Rule 1977 and Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989. All these Acts and rules are supposed to give the SC (Dalits) special protection and rights against various kinds of atrocities and oppressions meted out to them by the people of so-called upper castes of forward classes. But this protection is not made available to Dalit Christians.
4.5.Freedom of conscience and the right freely to profess, practice and propagate religion
Article 25 of the Indian Constitution gives all citizens the “freedom of conscience and the right freely to profess, practice and propagate religion”. The Christians have almost always faced problems with this fundamental right especially with the last part of propagating its faith. A number of States such as Orissa, Arunachal Pradesh, Madhya Pradesh, Gujarat and Tamil Nadu have passed Acts through their legislature severely curbing this right. In many States like Punjab, the concerned authorities refused to allow any venue and date for religious conversions or religious conventions for preaching the teachings of Jesus Christ. This is undoubtedly a violation of Article 25.
4.6.Right to own institutions
Aritcle 26 and Article 30 (1) of our Constitution has given to all the religious minorities the right; to establish and maintain institutions for religious and charitable purposes, to manage their own affairs in matters of religion, in any manner they wish to administer and maintain such property in accordance with the law. The government not only discriminates against minority schools, colleges, nursing colleges, and hospitals in granting aid, but also imposes many rules and restrictions to prevent minority institutions from appointing their own candidates. When a vacancy comes up in schools and other institutions they are forced to accept the State’s choice to fill it and on many occasions Christian educational institutions have had to go to court to get justice.[12]
4.7.Cultural rights
Article 29 offers protection to the cultural rights of minorities; Any section of the citizens residing in the territory of India or any part thereof having a distinct language, script or culture of its own shall have the right to conserve the same. No citizen shall be denied admission into any educational institution maintained by the State or receiving aid out of State funds on grounds only of religion, race, caste, language or any of them.
4.8.Christian Personal Law
The next problem is concerning Christian Personal Law which includes; the Indian Christian Marriage Act 1872, the Indian Divorce Act 1869, and the Indian Succession Act 1925. These Acts were enacted under British rule and reflect the British point of view. Some contents and Acts have direct relationship to the English law and the Courts.[13] The Christian Marriage Act 1872 has, at a number of places, references to the Churches of England and Scotland. The Indian Succession Act 1925 also has a number of weak points like the restrictions imposed on a widow’s right to property. All these discrepancies need immediate attention of both the Indian Christians as well as the Indian Government in order to introduce suitable amendments to these Acts. The Christian law is biased in circumstances of marriage, grounds for divorce, demand for damages and equitable relief. The need for a change has been widely recognized.
The Joint Women’s Programme (JWP) along with the Church of North India drafted a new Christian Marriage and Maintenance Bill in 1985 with help of P.M. Bakshi, the then Member of the Law Commission. The Joint Women’s Programme also requested all the Churches to send in their consensus opinion and the Christian Marriage and Matrimonial Bill 1990, the Indian Succession Amendment Bill 1990, and the Christian Adoption and Maintenance Bill 1990 were formulated. Thereafter an economic committee for changes in the Christian Personal Law was formed. This committee studied the 1992 Bill and a draft was finalized to change the existing Acts covering marriage, divorce, succession and adoption. It also drafted a Christian Adoption Law 1994. The draft of the “Christian Marriage Bill” enabled the solution of cases of divorce on the grounds of cruelty by mutual consent and did away with the compulsion of restoration of conjugal rights. The Church leadership raised its voice to bring in changes in the Bill. The Fourth Law Commission studied the matter in its own free time. Matters moved in the late nineties and James Massey, a former member of the National Commission of Minorities, played a part in the formulation of another reformist draft which was submitted to the government in 1997 to replace the existing Acts covering marriage, divorce, succession and adoption.
In April 2000, the Law Minister invited some Church leaders and women activists to discuss his proposed Christian Marriage Bill 2000. The Christian representatives demanded that if the Law Minister kept Sections 3 and 9 the same as were in the Bill of 1994, the proposed Bill will get the consensus of all churches throughout India. They would agree for the Bill 2000 to be introduced in Parliament. This bill, prepared by the Law Ministry with the consent of the community was passed by Parliament in 2001.[14]
5.Reservations
5.1.Conversion has not changed the conditions of the Dalits
Dr. Shankarrao Kharat suggests, that there is no change in the condition of the untouchables even after the conversion except in their religion. The Dalit’s and tribals have natural right or reservations and concessions, but they deserve the right of reservation. In many states of India Dalit/tribal Christians are not acceptable by the government. The denial of reservations and concessions to the Dalit/tribal Christians in the country is a grave injustice to these community. However reservations were given to other Dalit converts.[15] Karmaveer Dadasaheb Gaikwad a leader of Republican Party of India helped the Dalit Christian community to organize a convention to press the demand for reservations, held at Tilaknagar in Ahemednagar district on May 2nd 1970.
It demands the declaration of right to reservations by the Dalit Christian Community, The following Concessions were demanded: Educational concessions, Exception from tuition fees, reservation of seats, scholarships, scholarships for college education, scholarships for education abroad and free boarding schools; Redistribution of uncultivated land, help for improvement of agricultural fields; Loans and grants for business, training and production centers, cooperative industrial societies; Reserved seats in Assemblies, municipalities, zilla parishads, taluka committee, village councils, cooperative societies and banks. These concessions were given to Hindu brethren but denied to Christians, given with the principles of equality and justice.
Fr. Nunes in his addressed at the convention, said since we have converted to Christianity the rights meant for Dalit’s or SC/ST communities were not granted. The moment we are baptized we are included among the developed classes. Our thinking has improved because of Christian ideology, our attitude became better, but our progress was interrupted by the Indian constitution. The government is responsible for our degradation. There is no change in our economic and social conditions due to conversion.[16] In India where secularism was taught the minorities and people of other religions snatching away their constitutional rights is giving rise to a void in the secular constitution.[17]
5.2.Benefits of reservations
It provides opportunities in various areas to people who denied basic rights, it contributes to the promotion of equality in a widely unequal society. It creates a culture for the just distribution of resources, and serves as a process of social education for all the citizens, it creates self-respect among the victims and gives them self-confidence. The identification of occupation and caste is the challenge for reservation.[18]
The provision in Articles 330 and 332 of the constitution for reserved seats in the Lok Sabha and state legislatures did not give Dalit’s the same independent voice. Recent researches had brought out the reservation seats has helped widen the gap between the Dalit and elite, Dalit’s have successfully manipulated the system of reservations to their own advantage. Reservation for jobs in Article 16 was applied only in recruiting for central and state government service, expanded for promotion as well as initial employment has limited in 1963 but later restored in 1968. The use and implementation of reservations for employment by local government has varied from state to state. Reservations have not been introduced and the states have not enforced the central government’s anti – discrimination law of 1976 in the private sector.[19] 
Reservation for the scheduled castes and Tribes is an important aspect of the modern Indian political history. It is a constitutional provision which has generated a lot of debate from the time of its framing. [20]
6.Institutions
Christianity from the middle of nineteenth century through modern educational institutions contributed to the field of education. SC/STs are more benefited through the primary education. Missionaries played a crucial role in putting pressure on the state to open government schools for all. In few higher educational institutions the upper and middle castes were allowed to join and the Dalit’s were denied. Education is considered as the most important means for the empowerment of the Dalit’s, so many intuitions called for a revision of policies which will allow the Dalit to get education. Dalit Christian leaders often pointed out the discrimination faced by Dalit boys and girls in Christian intuitions, mostly dominated by upper caste Christians.[21]
Conclusion
Christianity faces numerous trouble in independent India, as such the converts are challenged by various problems from the very beginning of framing Indian constitution. However constitution does not provide protection and equality to the Dalits and tribals. Christian SC/STs are the victims of injustice and oppression, conversion does not provide dignity in spite they were twice discriminated. Often Dalits and Tribals sought to fight for their rights in this secular, democratic country.   
Bibliography
Babu, Durga Das. Introduction to the Constitution of India New Delhi: Prentice Hall of      India, 1985.
Forrester, Duncan B. Caste and Christianity London: Curzon press, 1980.
Jayakumar, A.  History of Christianity in India Kolkata: SCEPTURE, 2013.
Kuriakose, M.K. History of Christianity in India: Source materials New Delhi: ISPCK, 2011.
Longchar, A.Wati.  In Search of Identity and Tribal Theology Assam: Tribal Study Centre, 2001.
Parkhe, Camil. Dalit Christians: Rights to reservations New Delhi: ISPCK, 2007.
Pinto, Ambrose. ed, Dalits: Assertion for identity New Delhi: Indian Social Institute,         1999.
Webster, John C.B. The Dalit Christians A History New Delhi: ISPCK, 1994.
Wilfred, Felix. Dalit Empowerment New Delhi: ISPCK, 2007.


[1] John C.B.Webster, The Dalit Christians A History (New Delhi: ISPCK, 1994), 35.
[2] A. Jayakumar, History of Christianity in India, (Kolkata: SCEPTURE,2013), 78
[3] Duncan B. Forrester, Caste and Christianity, (London: Curzon press, 1980), 69.
[4] A. Jayakumar, History of Christianity in India…, 78.
[5] John C.B.Webster, The Dalit Christians…, 55, 57.
                [6] Felix Wilfred, Dalit Empowerment (New Delhi: ISPCK, 2007), 144.
[7] A.Wati Longchar, In Search of Identity and Tribal Theology (Assam: Tribal Study Centre, 2001), 21-26.
[8] Ambrose Pinto,ed, Dalits: Assertion for identity,( New Delhi: Indian Social Institute, 1999), 133-137.
[9] Ambrose Pinto,ed, Dalits: Assertion for identity… , 128- 129.
[10] Ambrose Pinto,ed, Dalits: Assertion for identity… , 158.
[11] Durga Das Babu, Introduction to the Constitution of India (New Delhi: Prentice Hall of India, 1985), 35-366.
[12]Durga Das Babu, Introduction to the Constitution of India (New Delhi: Prentice Hall of India, 1985), 359-362.
[13] Kuriakose, History of Christianity in India: Source materials (New Delhi: ISPCK, 2011), 339.
[14] Durga Das Babu, Introduction to the Constitution of India (New Delhi: Prentice Hall of India, 1985), 87-88.
[15] Camil Parkhe, Dalit Christians: Rights to reservations, (New Delhi: ISPCK, 2007), 5- 7.
[16] Camil Parkhe, Dalit Christians…, 47-55.
[17] Camil Parkhe, Dalit Christians…, 58.
                [18] Felix Wilfred, Dalit Empowerment …, 122.
[19] John C.B. Webster, The Dalit Christians…, 142- 144.
                [20] Felix Wilfred, Dalit Empowerment…, 113.
                [21] Felix Wilfred, Dalit Empowerment …, 155-156.

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