Chinthada Anand Vs State of Andhra Pradesh And Others (Supreme Court of India)
Conclusion: If a Scheduled caste person converted to any other religion other than Hinduism, Sikhism or Buddhism, he immediately loses the membership of the Scheduled Caste status. In this, the Court also explained that if such a person re-converted to Hinduism, Sikhism or Buddhism, then he had to establish conclusive proof of the following, to re-claim SC status.
Held: Appellant, belonging to the Madiga community (Scheduled Caste), alleged that he was subjected to assault, criminal intimidation, and caste-based abuses by the respondents during incidents dated 03.01.2021 and 24.01.2021. An FIR was registered under provisions of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and the Indian Penal Code, 1860. Upon investigation, a charge-sheet was filed. However, the High Court, exercising jurisdiction under Section 482 of the Code of Criminal Procedure, 1973, quashed the proceedings on the ground that the appellant, being a practising Christian and Pastor for over a decade, could not claim Scheduled Caste status in light of Clause 3 of the Constitution (Scheduled Castes) Order, 1950. Appellant contended that caste was determined by birth and was not extinguished by religious conversion, and therefore he continued to suffer caste-based discrimination despite professing Christianity. It was argued that the High Court erred in appreciating the scope of the SC/ST Act and in ignoring the prima facie evidence of assault and caste-based abuse. Reliance was also placed on a State Government Order extending certain benefits to Scheduled Caste converts. However, Respondents contended that the SC/ST Act was applicable only to persons who legally qualify as Scheduled Castes under the Presidential Order, which excluded persons professing religions other than Hinduism, Sikhism, or Buddhism. It was further argued that appellant’s open and long-standing profession of Christianity disentitled him from claiming protection under the Act, and therefore continuation of proceedings would amount to abuse of process. It was held that the expression “professes” under Clause 3 of the Constitution (Scheduled Castes) Order, 1950 denoted an open declaration or practice of religion. Since the appellant had been functioning as a Pastor for a considerable period, he was deemed to be professing Christianity and therefore ceased to qualify as a Scheduled Caste for statutory purposes. Executive instructions or State Government Orders could not override the constitutional scheme governing Scheduled Caste status. In the absence of fulfilment of the foundational requirement under the SC/ST Act, the High Court rightly quashed the proceedings. Accordingly, the appeal was dismissed.
1. Leave granted.
