Supreme Court Verdict: In a landmark judgement, the Supreme Court of India has upheld the order of Andhra Pradesh High Court, holding that once someone converts to Christianity and actively practices and professes the same cannot be considered as a Scheduled Caste community member.
The Court added that conversion to any other religion other than Hinduism, Buddhism or Sikhism would be considered complete and immediate loss of the Scheduled Caste status.
Supreme Court Verdict-What’s in Store?
The Supreme Court said the Constitution (Scheduled Caste) Order, 1950 made this extremely clear and the bar under the order was absolute. The Court clarified that conversion to any religion that is not mentioned in Clause 3 of the 1950 order leads to the immediate loss of Scheduled Caste status.
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The Court remarked that no individual is entitled to any statutory protection, benefit or entitlement under the Constitution of India or enactment of Parliament or state legislature who by operation of Clause 3 is not considered to be a Scheduled Caste community member. The Court added no exceptions would be admitted and the bar is absolute. It also said that an individual could not simultaneously practice and profess a religion other than those mentioned in clause 3 and still claim Scheduled Caste membership.
Court Case
The Supreme Court order was made in the context of an individual who had converted to Christianity and acted as a Pastor. However, he went on to file a case under the Scheduled Caste, Scheduled Tribe (Prevention of Atrocities) Act against certain individuals who allegedly assaulted him.
The Andhra Pradesh High Court ruled that the concept of caste system is alien to Christianity and hence the individual could not invoke the provisions of the Scheduled Caste, Scheduled Tribe (Prevention of Atrocities) Act. The pastor then decided to file a special leave petition before the Supreme Court that gave the verdict against him.
