Supreme Court Says Only Hindus, Sikhs, Buddhist Can Hold Scheduled Caste Status

New Delhi: The Supreme Court on Tuesday (March 24) confirmed the Andhra Pradesh high court decision that only Hindus, Sikhs and Buddhists can claim Scheduled Caste status – and those who have converted to Christianity cannot. This means that those who have converted to Christianity or another religion cannot benefit from affirmative action policies, and also cannot file discrimination cases under the SC/ST (Prevention of Atrocities) Act.

Conversion to any religion other than the three mentioned, the Supreme Court said according to Livelaw, results in immediate and complete loss of SC status. The bench headed by Justice P.K. Mishra cited the Constitution (Scheduled Caste) Order, 1950, which mandates that “no person who professes a religion different from Hinduism shall be deemed to be a member of a Scheduled Caste”. This clause, the court said, is absolute.

"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 Supreme Court stated.

This case pertains to a person who had converted to Christianity and become a pastor, and then filed a case under the SC/ST Act after facing an alleged assault. In April last year, the Andhra Pradesh high court had said that the caste system is "alien" to Christianity and so quashed the charges filed by the complainant under the SC/ST Act.

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