The Supreme Court today(March 24) upheld the Andhra Pradesh High Court's
order, which held that once an individual converts to Christianity and
actively professes and practices the same, he cannot be regarded as a
member of the Scheduled Caste community. The Court held that no person who
professes a religion other than Hinduism, Sikhism or Buddhism can be
regarded as a member of a Scheduled caste. Conversion to any other religion
results in the immediate and complete loss of Scheduled Caste Status, the
Court added. Also Read - Supreme Court Daily Round-Up : March 24, 2026 The
Court noted that the Constitution (Scheduled Caste) Order, 1950, made this
clear, and the bar under this Order was absolute. Conversion to any
religion not specified in Clause 3 of the 1950 order results in immediate
loss of Schedule caste status, regardless of birth, the Court clarified.
"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. Also Read - Conversion Does Not
Automatically Lead To Loss Of Scheduled Tribe Status, Person Must Renounce
Tribal Customs : Supreme Court This order was passed in the context of a
person, who had converted to Christianity and acted as a Pastor, but had
filed a case under the Scheduled Caste, Scheduled Tribe (Prevention of
Atrocities) Act against certain persons who had allegedly subjected him to
assault. He claimed protection under the SC&ST Act, which was challenged by
the accused persons as bad in law since the pastor had converted and was
actively professing Christianity. By an order dated April 30, 2025, the
Andhra Pradesh High Court held that the caste system is alien to
Christianity and is consequently barred from invoking the provisions of the
Scheduled Caste, Scheduled Tribe (Prevention of Atrocities) Act. Justice
Harinath N of the High Court had quashed charges filed by a complainant who
had converted to Christianity and had invoked the SC & ST Act. Against
this, the pastor filed a special leave petition. Also Read - Keeping 400
Deers In AN Jha Deer Park Having Capacity For 34 'Grave Cruelty' : Supreme
Court At the Supreme Court, the bench comprising Justice Prashant Kumar
Mishra and Justice Manmohan held: "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." What does Constitution 1950 order say? The Constitution
(Scheduled Castes) Order 1950, issued by the President as per Article 341,
says as follows : “1. This Order may be called the Constitution (Scheduled
Castes) Order, 1950. 2. Subject to the provisions of this Order, the
castes, races or tribes or parts of, or groups within, castes or tribes
specified in Parts to [XXV] of the Schedule to this Order shall, in
relation to the States to which those Parts respectively relate, be deemed
to be Scheduled Castes so far as regards member thereof resident in the
localities specified in relation to them in those Parts of that Schedule.
3. Notwithstanding anything contained in paragraph 2, no person who
professes a religion different from the Hindu, the Sikh or the Buddhist]
religion shall be deemed to be a member of a Scheduled Caste. 4..." The
judgment authored by Justice Mishra summarised the principles relating to
th 1950 order as follows : a) The claimant must demonstrably belong to a
caste or tribe which is specifically notified and recognised under Clause 2
of the Constitution (Scheduled Castes) Order, 1950 and Constitution
(Scheduled Tribes) Order, 1950, and such status must be established by
clear, cogent, and unimpeachable evidence. b) No person who professes a
religion other than Hindu, Sikh or Buddhist shall be deemed to be a member
of a Scheduled Caste. This bar under Clause 3 of the Constitution
(Scheduled Castes) Order, 1950 is categorical and absolute. Conversion to
any religion not specified in Clause 3 results in immediate and complete
loss of Scheduled Caste status from the moment of conversion regardless of
birth

K Rajaram IRS 25326

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