The Supreme Court of India on Tuesday, affirmed the judgment of the Andhra Pradesh High Court, holding that an individual who has converted to Christianity and continues to profess and practice the said religion cannot be recognised as a member of the Scheduled Caste community.
The Court observed that persons professing religions other than Hinduism, Sikhism, or Buddhism are not entitled to be treated as members of the Scheduled Castes. It held that conversion to any other religion entails the immediate and complete cessation of Scheduled Caste status.
Referring to the Constitution (Scheduled Castes) Order, 1950, the Court noted that, “No statutory benefit, protection or reservation or entitlement under the Constitution or enactment of Parliament or state legislature can be claimed by or extended to any person who, by operation of clause 3, is not deemed to be a member of the Scheduled Caste. This bar is absolute and admits no exception. A person can’t simultaneously profess and practice a religion other than the one specified in clause 3 and claim membership of the Scheduled caste,” the Court held.
The ruling arose in the context of proceedings initiated under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act by a complainant who had converted to Christianity and was functioning as a pastor.
The complainant had alleged assault and sought protection under the provisions of the Act.
The accused challenged the maintainability of the complaint, contending that the complainant, having converted and being an active practitioner of Christianity, was disentitled from invoking the protections available under the Act.
The apex court, upon examining the evidentiary record, noted that the complainant had been practising Christianity for over a decade and was conducting regular prayer meetings at the time of the alleged incident.
It further observed that there was neither any assertion nor material to establish reconversion to his original religion or re-acceptance into his caste.
Concurring with the High Court’s findings, the Court held that the caste system is not recognised within Christianity, and consequently, a person professing the said religion cannot claim the benefit of statutory protections available to Scheduled Castes.
The Court also clarified that mere possession or non-cancellation of a caste certificate does not confer entitlement to Scheduled Caste benefits following conversion, and such determinations fall within the jurisdiction of the competent authority under the applicable legal framework.
