2 months ago
1
The Supreme Court connected Tuesday (March 24, 2026) held that a pastor from the Madiga assemblage successful Andhra Pradesh could not assertion Scheduled Caste presumption aft converting to a religion not covered nether the Constitution (Scheduled Castes) Order, 1950, which the tribunal says imposes a religion barroom that is “absolute”.
Upholding a judgement of the Andhra Pradesh High Court, the apex tribunal ruled that a idiosyncratic professing immoderate religion different than Hinduism, Buddhism, oregon Sikhism cannot beryllium recognised arsenic a subordinate of a Scheduled Caste and is truthful ineligible for the benefits and protections extended to SC communities.
Supreme Court connected SC presumption for spiritual converts
A Bench of Justices Prashant Kumar Mishra and Manmohan held that conversion to a religion extracurricular those specified successful the 1950 Order results successful the “immediate and implicit nonaccomplishment of Scheduled Caste presumption from the infinitesimal of conversion, irrespective of birth”. It said that a person who does not profess Hinduism, Buddhism, oregon Sikhism arsenic listed successful Clause 3 of the Order cannot assertion immoderate statutory benefit, protection, reservation, oregon entitlement disposable to members of the Scheduled Castes.
The judgement further clarified that a idiosyncratic claiming to person reconverted to Hinduism, Sikhism, oregon Buddhism indispensable cumulatively and conclusively found impervious of earlier caste status, supply credible and unimpeachable grounds of bona fide reconversion, and show acceptance and assimilation by members of the archetypal caste community.
The tribunal besides observed that Christianity, by its theological foundations, does not recognise oregon incorporated the instauration of caste. It held that erstwhile a idiosyncratic ceases to beryllium a Scheduled Caste subordinate by virtuousness of spiritual conversion, the resulting nonaccomplishment of presumption entails the automatic termination of each statutory benefits, protections, reservations, preferences, and entitlements flowing from specified membership, including protections nether the SC/ST (Prevention of Atrocities) Act.
The judgement examined the Constitution (Scheduled Tribes) Order, 1950, noting that dissimilar the Scheduled Castes Order, it does not prescribe spiritual exclusion. Justice Mishra said that eligibility for benefits nether the Scheduled Tribes Order depended connected whether a idiosyncratic continued to beryllium to a peculiar people “in substance”.
Centre’s basal successful the issue
Meanwhile, the Union authorities has relied connected the 1950 Scheduled Castes Order to reason that Dalit Muslims and Christians indispensable proceed to beryllium excluded, citing the “foreign origin” of these religions successful opposition to Hinduism, Sikhism, and Buddhism.
Petitioners seeking Scheduled Caste presumption for Dalit Christians and Muslims person argued that the 1950 Order has been amended implicit time, archetypal to see Sikhism successful the 1950s and aboriginal Buddhism successful 1990. They person pointed retired that the amendment to see Buddhism was prompted by large-scale conversions successful definite regions pursuing Dr. B.R. Ambedkar’s call.
In October 2022, the Centre constituted a Commission of Inquiry headed by erstwhile Chief Justice of India K.G. Balakrishnan to analyse whether Scheduled Caste presumption could beryllium extended to converts to Islam and Christianity. After aggregate extensions, the Commission is scheduled to taxable its study successful April this year.
Congress condemns the ruling
Congress wide caput Randeep Surjewala connected Wednesday (March 25, 2026) said the judgement had caused “deep consternation, disquiet and fear” among economically weaker sections of number communities. He questioned however a two-judge Bench of the Supreme Court could determine the contented without referring it to a larger Bench, and asked wherefore the Union authorities had not informed the tribunal that the substance was pending adjudication earlier a three-judge Bench.
Christian organisations and civilian rights activists person criticised the verdict, calling it a setback to law guarantees of equality and spiritual freedom. They person urged the Centre to question a reappraisal of the judgement and present ineligible and argumentation safeguards for Dalit Christians, informing that the ruling could undermine societal justness and antiauthoritarian values.
Hindu outfits invited the verdict
The Vishva Hindu Parishad welcomed the ruling connected Wednesday (March 25, 2026), describing it arsenic 1 that strengthened the tone of the Constitution, societal justice, and the regularisation of law. In a statement, VHP associated wide caput Surendra Jain said the verdict was successful enactment with law principles and would beforehand societal harmony, transparency, and justice. He added that the organisation would hole a database of those who had converted and guarantee that benefits were restored to those deemed eligible.
The Akhil Bhartiya Sant Samiti besides welcomed the judgement connected Tuesday (March 24, 2026) and urged the Centre to barroom converts from accessing preservation benefits. Samiti nationalist wide caput Swami Jitendranand Saraswati said the determination enactment an extremity to what helium described arsenic foreign-sponsored efforts to undermine Sanatan Dharma.
Former Jharkhand Chief Minister Champai Soren welcomed the verdict connected Tuesday (March 24, 2026), stating that it was aimed astatine protecting susceptible communities from spiritual conversion. He alleged that those facilitating conversions often concealed facts and utilized inducements, compulsion, oregon misinformation.
Telangana BJP president N. Ramchander Rao termed the ruling a “historic triumph for the tone of the Constitution”. He said that Scheduled Caste reservations, arsenic envisioned by Dr. B.R. Ambedkar, were intended for the societal uplift of marginalised sections wrong the Hindu fold.
