The Supreme Court on Tuesday upheld a ruling of the Andhra Pradesh High Court making it clear that a person who converts to Christianity and actively practices it cannot continue to claim Scheduled Caste (SC) status. 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. It stated that conversion to any religion not covered under Clause 3 results in the immediate and complete loss of Scheduled Caste status, irrespective of an individual’s birth. The judges stressed that this restriction is absolute and non-negotiable.
"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 top court noted as per Live Law.
What's the case?
The ruling was delivered while examining 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.
Background of 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, as per Live Law. According to the initial complaint filed by Respondent 2, who served as a Pastor and conducted Sunday prayers in Pittalavanipalem village, he had faced repeated assaults, threats to his life and attacks on his family. He also alleged that he was abused using caste-related slurs which prompted him to register a case against the petitioner. After the investigation concluded and the charge sheet was filed, the petitioner 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.
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