Converts to any religion other than Hinduism, Sikhism, Buddhism not eligible for Scheduled Caste benefits: SC

In a significant judgment, the Supreme Court of India on Tuesday ruled that individuals who convert to any religion other than Hinduism, Buddhism and Sikhism are not entitled to benefits reserved for the Scheduled Caste (SC) community. The verdict upheld an earlier decision of the Andhra Pradesh High Court, which had held that a person who converts to Christianity and continues to practice the faith cannot be considered a member of a Scheduled Caste.

The apex court stated that only those professing Hinduism, Sikhism, or Buddhism can be recognised as members of a Scheduled Caste. It clarified that conversion to any other religion leads to the immediate and complete loss of SC status.

The court emphasised that this position is clearly laid down in the Constitution (Scheduled Castes) Order, 1950, noting that the restriction under this order is absolute. It reiterated that conversion to a religion not listed in Clause 3 of the 1950 Order results in the automatic loss of Scheduled Caste status, irrespective of one’s birth.

"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 Court held.

The ruling arose from a case involving a man who had converted to Christianity and was serving as a pastor. He had filed a complaint under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act alleging assault and caste-based abuse. The accused challenged the case, arguing that the complainant, having converted and actively practising Christianity, was no longer eligible for protection under the SC/ST Act.

In its April 30, 2025, order, the Andhra Pradesh High Court had observed that caste distinctions are not recognised in Christianity and therefore a person who has converted cannot invoke provisions of the SC/ST Act. Justice Harinath N had quashed the charges filed by the complainant on this basis, following which the pastor approached the Supreme Court.

Before the apex court, a bench of Justices Prashant Kumar Mishra and Manmohan noted: "In the present case, it is not the case of the petitioner that he re-converted from Christianity to his original religion or has been accepted back in 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. It is also admitted 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."

Background
The case originated from a criminal petition in which the petitioner was accused under various provisions of the SC/ST Act as well as sections of the Indian Penal Code, including charges related to wrongful restraint, criminal intimidation, and assault.

According to the complaint filed by the respondent, who was a pastor conducting Sunday prayers in Pittalavanipalem village, he was allegedly assaulted, threatened, and abused on caste lines. Based on this, a case was registered and a chargesheet filed after investigation.

The accused then approached the High Court seeking to quash the proceedings, arguing that the complaint under the SC/ST Act was not legally valid since the complainant had converted to Christianity and was functioning as a pastor. He relied on the Constitution (Scheduled Castes) Order, 1950, which states that a person professing a religion other than Hinduism cannot be considered a member of a Scheduled Caste.

On the other hand, the respondents argued that the complainant’s caste status was supported by official records, including a caste certificate issued by the local Tehsildar, and that the investigation had already been completed with statements from multiple witnesses.

Addressing this, the court observed that the validity or cancellation of the caste certificate falls under the jurisdiction of the relevant authority as per the Andhra Pradesh (Scheduled Castes, Scheduled Tribes and Backward Classes) Regulation of Issue of Community Certificates Act, 1993. However, it clarified that merely holding an uncancelled caste certificate does not entitle a person to claim protection under the SC/ST Act after conversion.

(With Live Law inputs)