No Scheduled Caste status on conversion to religions other than Hinduism, Sikhism or Buddhism: Supreme Court | India News
New Delhi: The Supreme Court on Tuesday said that a person who professes a religion other than Hinduism, Sikhism or Buddhism cannot be recognized as a member of a Scheduled Caste. The apex court observed that such status is lost by conversion to another religion.A bench of Justices PK Mishra and NV Anjaria upheld an order of the Andhra Pradesh High Court, which ruled that persons who converted to Christianity and actively practiced the religion could not retain their Scheduled Caste (SC) status. The apex court held that the position is clearly defined in the Constitution (Scheduled Castes) Order, 1950 and the bar on recognition is absolute.The Court observed that any person who does not profess one of the specified religions under Section 3 of the 1950 Order ceases to be a member of a Scheduled Caste irrespective of birth. It added that such persons cannot claim any statutory benefits, protections, reservations or entitlements available to Scheduled Castes under the Constitution or any law made by Parliament or State Legislatures under live laws. Emphasizing the scope of the law, the bench said that a person cannot simultaneously practice a religion not listed in the 1950 order and claim Scheduled Caste status. “No statutory benefit, protection or reservation or entitlement under the Constitution or by an Act of Parliament or State Legislature shall be claimed or extended to any person who is not, by section 3, considered to be a member of a Scheduled Caste. This provision is absolute and does not recognize that any exceptional person and a person may practice any religion other than the practice of that religion. Section 3 mentions and claims membership of a Scheduled Caste, “The court held.The verdict came in a case involving a man who had converted to Christianity and worked as a priest, but had filed a complaint under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, alleging assault and caste-based abuse. The accused challenged the case arguing that the complainant was not entitled to protection under the law after converting.The apex body observed that evidence showed that the complainant had been practicing Christianity for over a decade and was conducting regular prayer meetings at the time of the alleged incident.It said there was no claim or evidence of his restoration to his original religion or readmission to his caste community.Agreeing with the High Court, the apex court held that the caste system is alien to Christianity and, therefore, a person claiming religion cannot invoke the provisions of the SC/ST Act. It further clarified that mere possession or cancellation of caste certificate does not entitle a person to claim Schedule Caste benefits after conversion, adding that such issues must be dealt with by the competent authority under the relevant law.
