Only Hindus, Sikhs & Buddhists can claim Scheduled Caste status: SC
A person cannot follow a religion outside Clause 3 and claim Scheduled Caste status simultaneously.
PTI
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A Scheduled Caste individual loses SC status completely and immediately upon converting to another religion (PTI)
New Delhi, 24 Mar
The Supreme Court on Tuesday said that no person professing a religion other than Hinduism, Sikhism, or Buddhism can be regarded as a member of a Scheduled Caste.
A bench of
Justices Prashant Kumar Mishra and NV Anjaria, upholding an order of the Andhra
Pradesh High Court, said that a person belonging to a Scheduled Caste community
loses his SC status immediately and completely upon conversion to another
religion.
"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 bench said.
The Andhra
Pradesh High Court, on 30 April 2025, held that once an individual converts to
Christianity and actively professes and practices the faith, he cannot be
regarded as a member of the Scheduled Caste community.
The high
court has held that the caste system is alien to Christianity and is
consequently barred from invoking the provisions of the Scheduled Caste,
Scheduled Tribe (Prevention of Atrocities) Act.
It quashed
charges filed by a complainant who had converted to Christianity and had
invoked the SC and ST (Prevention of Atrocities) Act in a criminal case.
Aggrieved
by the order, the man, a pastor, moved the apex court challenging the high
court decision.
The top
court noted that the Constitution (Scheduled Caste) Order, 1950, has made it
clear that conversion to any religion not specified in Clause 3 of the 1950
order results in immediate loss of Schedule Caste status, regardless of birth,
and this bar was "absolute".
"In
the present case, it is not the case of the petitioner that he reconverted from Christianity to his original religion or has been accepted back into the
folds of the Madiga community.
"On
the contrary, the evidence establishes that the appellant continued to profess
Christianity and has been functioning as a pastor for more than a decade,
conducting regular Sunday prayers at the houses of the village," the court
said.
The bench
noted that at the time of the alleged incident, he was conducting prayer
meetings at the house.
"These
concurrent facts leave no room for doubt that he continued to remain a
Christian on the date of the occurrence," the bench said on the facts of
the case.
The pastor
Chinthada Anand had filed a criminal case in 2021 against one Akkala Rami
Reddy, invoking various sections of the Indian Penal Code and the SC/ST Act,
alleging that a person had assaulted him while he was performing pastoral
duties and conducting Sunday prayers in a village in Andhra Pradesh.
He claimed
that he was subjected to multiple assaults by Rami Reddy, and he and his family
were given death threats and abused in the name of their caste.
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