New Delhi, Mar 24: Conversion to any religion not covered under Clause 3 results in the immediate and complete loss of Scheduled Caste (SC) status, irrespective of an individual’s birth, the Supreme Court ruled today in a significant judgement.
The top court, while upholding a ruling of the Andhra Pradesh High Court, made it clear that a person who converts to Christianity and actively practices it cannot continue to claim Scheduled Caste (SC) status.
It emphasised that this restriction is absolute and non-negotiable.
The Court underlined that the Scheduled Caste identity is restricted to those professing Hinduism, Sikhism or Buddhism as per the Constitution (Scheduled Castes) Order of 1950.
The bench observed that the 1950 Order leaves no room for ambiguity.
“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,” the Supreme Court said.
This bar is absolute and admits no exception, it said.
“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 top court said.
The ruling was delivered while hearing a case involving a man who had embraced Christianity and served as a pastor.
Despite his conversion, he filed a complaint under the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, alleging that he had been assaulted.
The accused challenged his claim, arguing that he was not entitled to invoke protections under the Act since he no longer belonged to the Scheduled Caste community.
The Supreme Court agreed with the High Court that once the pastor converted and practised Christianity, his SC status automatically ceased.
What is the case?
The matter originated from a Criminal Petition involving allegations under Sections 3(1)(r), 3(1)(s), 3(2)(va) of the SC and ST Act, along with Sections 341, 506 and 323 read with 34 of the Indian Penal Code.
In his initial complaint, a person, who served as a Pastor and conducted Sunday prayers in Pittalavanipalem village, alleged that he faced repeated assaults, threats to his life and attacks on his family.
He also claimed that he was abused with caste-related slurs which prompted him to register a case against the accused.
After the investigation concluded and the charge sheet was filed, the accused moved the High Court seeking quashing of the charges.
The petitioner argued that filing an FIR under the SC and ST Act was legally untenable because the complainant had converted to Christianity and was actively working as a Pastor.
He maintained that the Constitution (Scheduled Castes) Order, 1950, explicitly states that a person who no longer professes Hinduism cannot be regarded as a member of the Scheduled Caste community.
