New Delhi, Mar 24 (PTI) In a significant decision, the Supreme Court on Tuesday held that a Scheduled Caste community person converting to a religion other than Hinduism, Sikhism or Buddhism loses the SC status from the moment of conversion regardless of birth.
A bench of Justices Prashant Kumar Mishra and Manmohan, which upheld an order of the Andhra Pradesh High Court, said that a person belonging to a Scheduled Caste community loses his Scheduled Caste status “immediately and completely” upon conversion to Christianity.
The bench said under Clause (1) of Article 342 of the Constitution, the President of India promulgated the Constitution (Scheduled Tribes) Order of 1950, identifying the tribes and tribal communities recognised as “Scheduled Tribes” for different states and Union Territories (UTs).
It said a person can claim benefits under the Constitution (Scheduled Tribes) Order, 1950 only if he/ she continues to belong to that particular tribe in substance and if, due to conversion or long-term abandonment of tribal customs, his/ her tribal identity is in doubt, that question becomes a factual matter to be determined at trial.
“No person who professes a religion other than Hindu, Sikh or Buddhist shall be deemed to be a member of a Scheduled Caste. This bar under Clause 3 of the Constitution (Scheduled Castes) Order, 1950 is categorical and absolute. Conversion to any religion not specified in Clause 3 results in immediate and complete loss of Scheduled Caste status from the moment of conversion regardless of birth,” it said.
The top court said once a person belonging to a Scheduled Tribe converts to another religion, ultimately through the passage of time, the customs, rituals and other traits of that particular tribe may fall into eclipse.
“If so, in such circumstance, it is proved that the person in question has completely renounced himself from the customs, rituals and other traits of his tribe, and has assimilated into the converted religion following the practices and customs of that particular religion, a reasonable inference can be drawn that such a person shall not be considered a part of the tribe,” it said.
The top court said when a person ceases to be a member of a Scheduled Caste by virtue of Order of 1950, the loss of such status carries with it the “automatic and immediate termination” of all eligibility for statutory benefits, protections, reservations, preferences and entitlements that are predicated upon or flow from such membership.
The bench noted the legislative history of Clause 3 of the Constitution (Scheduled Castes) Order, 1950 and said that originally it restricted Scheduled Caste status to persons professing the Hindu religion.
It said the order of 1950 was subsequently amended in the year 1956 to include persons professing the Sikh religion and later, in the year 1990, the provision was further extended to include persons professing the Buddhist religion.
“It is important to note that Christianity has not been included under this Order by any of these amendments,” the top court said, adding that Christianity, by its very theological foundation, does not recognise or incorporate the institution of caste.
Analysing the Order of 1950, the bench said the claimant of a Scheduled Caste or Scheduled Tribe status must demonstrably belong to a caste or tribe which is specifically notified and recognised under Clause 2 of the Constitution (Scheduled Castes) Order, 1950 and Constitution (Scheduled Tribes) Order, 1950, and such status must be established by clear, cogent and unimpeachable evidence.
It said, “A person cannot simultaneously profess and practice a religion other than the ones specified in Clause 3 of Constitution (Scheduled Castes) Order, 1950 and claim membership of a Scheduled Caste at the same time.” Justice Mishra, who penned the verdict on behalf of the bench, said a person who professes and practices such religion for personal, social and spiritual purposes cannot, in law, assert membership of a Scheduled Caste for the purpose of securing statutory benefits.
The bench, however, said in cases where a person claims to have reconverted back to Hindu, Sikh or Buddhist religion, then he has to fulfil three conditions – there must be a clear proof that the person originally belonged to a caste notified under the Order of 1950, there must be credible and unimpeachable evidence of bona fide reconversion to the original religion and there must be credible evidence establishing acceptance and assimilation by the members of the original caste and the concerned community.
“Mere self-proclamation is insufficient i.e., the community must recognise and accept the person as one of their own,” it said.
The high court on April 30, 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.
It had quashed charges filed by a complainant, Chinthada Anand, who had converted to Christianity and become a pastor but invoked the SC/ST Act in a criminal case.
The pastor filed a criminal case in 2021 against one Akkala Rami Reddy and others alleging that they assaulted him while he was performing pastoral duties and conducting Sunday prayers in a village in the state.
Aggrieved by the order, the man, a pastor, moved the apex court challenging the high court decision. PTI MNL MNL KSS KSS
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