Supreme Court: Converts to religions other than Hinduism, Sikhism or Buddhism do not enjoy scheduled caste status

New Delhi: People who practice religions other than Hinduism, Sikhism or Buddhism cannot be recognized as members of scheduled castes, the Supreme Court ruled on Tuesday. The Supreme Court observed that conversion to any other religion would result in loss of such status.A bench of Justices PK Mishra and NV Anjaria upheld an order of the Andhra Pradesh High Court which held that an individual who converts to Christianity and actively practices the faith cannot retain his Scheduled Caste (SC) status. The Supreme Court said this position was clearly laid down in the Constitution (Scheduled Castes) Order, 1950 and the restriction on recognition was absolute.The court noted that any person who does not profess one of the religions specified in Section 3 of the 1950 Act, irrespective of birth, ceases to be a member of a scheduled caste. It added that as per the existing Act, these persons cannot claim any statutory benefit, protection, reservation or rights of Scheduled Castes under the Constitution or under any law enacted by Parliament or State Legislature. Highlighting the scope of the law, the bench said a person cannot simultaneously practice a religion not listed in the 1950 Act and claim scheduled caste status. The court held: “No person who is not deemed to be a member of a Scheduled Caste under the provisions of Article 3 shall claim or extend to any statutory benefit, protection, reservation or right under the Constitution or any law enacted by Parliament or the State Legislature. This restriction is absolute and no exceptions are allowed. A person cannot simultaneously profess and profess a religion other than the religion specified in Article 3 and claim to be a member of a Scheduled Caste.”The ruling concerned a man who had converted to Christianity and worked as a priest but filed a complaint under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act alleging assault and caste-based ill-treatment. The defendant challenged the case, arguing that the complainant was no longer entitled to the protection of the Act after his conversion.The apex body observed that there was evidence that the complainant had been practicing Christianity for over a decade and was holding regular prayer meetings at the time of the alleged incident.There is no claim or evidence of his reconversion to his original religion or re-acceptance of his caste community, the report said.The Supreme Court agreed with the High Court that the caste system was incompatible with Christianity and, therefore, persons practicing the religion could not invoke the provisions of the Scheduled Castes/Scheduled Tribes Act. It also clarified that mere possession or non-cancellation of a caste certificate does not entitle a person to claim Scheduled Caste benefits after conversion, adding that such matters must be dealt with by the competent authorities in accordance with relevant laws.