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NEW DELHI: The Supreme Court connected Tuesday held that a idiosyncratic who professes a religion different than Hinduism, Sikhism oregon Buddhism cannot beryllium recognised arsenic a subordinate of a Scheduled Caste. The apical tribunal observed that conversion to immoderate different religion results successful the nonaccomplishment of specified status.A seat of Justices PK Mishra and NV Anjaria upheld an Andhra Pradesh precocious tribunal order, which had ruled that individuals who person to Christianity and actively practise the religion cannot clasp their Scheduled Caste (SC) status. The apical tribunal said the presumption is intelligibly laid down successful the Constitution (Scheduled Castes) Order, 1950 and the barroom connected designation is absolute.The tribunal observed that immoderate idiosyncratic who does not profess 1 of the religions specified nether Clause 3 of the 1950 Order ceases to beryllium a subordinate of a Scheduled Caste, careless of birth.
It added that specified individuals cannot assertion immoderate statutory benefit, protection, preservation oregon entitlement disposable to Scheduled Castes nether the Constitution oregon immoderate instrumentality enacted by Parliament oregon authorities legislatures, according to Live Law. Emphasising the scope of the law, the seat said a idiosyncratic cannot simultaneously practise a religion not listed successful the 1950 Order and assertion Scheduled Caste status. "No statutory benefit, extortion oregon preservation oregon entitlement nether the Constitution oregon enactment of Parliament oregon authorities legislature tin beryllium claimed by oregon extended to immoderate idiosyncratic who, by cognition of clause 3, is not deemed to beryllium a subordinate of the Scheduled Caste.
This barroom is implicit and admits nary exception. A idiosyncratic can't simultaneously profess and signifier a religion different than the 1 specified successful clause 3 and assertion rank of the Scheduled caste," the Court held.The ruling came successful a lawsuit involving a antheral who had converted to Christianity and was moving arsenic a pastor, but had filed a ailment nether the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, alleging battle and caste-based abuse. The accused challenged the case, arguing that the complainant was nary longer entitled to extortion nether the Act aft conversion.The apex assemblage observed that grounds showed the complainant had continued to practise Christianity for implicit a decennary and was conducting regular supplication meetings astatine the clip of the alleged incident.It said determination was nary assertion oregon impervious of reconversion to his archetypal religion oregon re-acceptance into his caste community.Agreeing with the precocious court, the apical tribunal held that the caste strategy is alien to Christianity and, therefore, a idiosyncratic professing the religion cannot invoke provisions of the SC/ST Act. It besides clarified that the specified possession oregon non-cancellation of a caste certificate does not entitle a idiosyncratic to assertion Scheduled Caste benefits aft conversion, adding that specified issues indispensable beryllium dealt with by the competent authorization nether applicable law.
