The Supreme Court on Tuesday said that a person following any religion other than Hindu, Sikh or Buddhism cannot be considered a member of the Scheduled Caste. A bench of Justices Prashant Kumar Mishra and NV Anjaria upheld the order of the Andhra Pradesh High Court, saying that a person belonging to the Scheduled Caste (SC) community, by adopting any other religion, immediately and completely loses the SC status.
The Supreme Court on Tuesday upheld the decision of the Andhra Pradesh High Court in which it was made clear that a person who adopts Christianity and actively practices it cannot claim Scheduled Caste (SC) status.
The court emphasized that according to the Constitution (Scheduled Castes) Order of 1950, the identity of Scheduled Caste is limited only to those who follow Hindu, Sikh or Buddhist religions.
The bench said that there is no scope for confusion in the 1950 order. It states that by converting to any religion not covered under Clause 3, the Scheduled Caste status of a person, irrespective of where he was born, immediately and completely ceases. The judges stressed that this ban is absolute and there can be no compromise with it.
The Supreme Court said, "No legal benefit, protection or reservation or right under the Constitution or any law of Parliament or a State Assembly can be given to a person who is not considered a member of a Scheduled Caste in terms of Clause 3. This prohibition is completely applicable and there is no relaxation in it. No person can simultaneously profess or practice any religion other than the religion specified in Clause 3 and also cannot claim membership of a Scheduled Caste."
