When Can Converted Dalit Reclaim Scheduled Caste Status After Re-Conversion? Supreme Court Explains

In an important judgment, the Supreme Court recently clarified that if a Scheduled caste person converts 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-converts to Hinduism, Sikhism or Buddhism, then he has to establish conclusive proof of the following, to re-claim SC status.

1. There must be clear proof that the person originally belonged to a caste notified under the Constitution (Scheduled Castes) Order, 1950,

2. There must be credible and unimpeachable evidence of bona fide reconversion to the original religion, accompanied by complete and unequivocal renunciation of the religion to which conversion had taken place, total dissociation therefrom, and actual adoption and observance of the customs, usages, practices, rituals, and religious obligations of the original caste, 

3. There must be satisfactory and credible evidence establishing acceptance and assimilation by the members of the original caste and the concerned community. Mere self-proclamation is insufficient i.e., the community must recognize and accept the person as one of their own.

All these three conditions are mandatory, and the burden of proving lies entirely on the claimant. Failure to establish even one condition may render the claim unsustainable. 

This was held by a bench comprising Justice Prashant Kumar Mishra and Justice Manmohan in a plea filed by a Pastor, who belonged to a Scheduled Caste community but later converted to Christianity. He then sought protection under the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989.

His claim was refused on the ground that he converted to Christianity, which is not a religion specified under the Constitution (Scheduled Castes) Order, 1950. This resulted in the loss of his status automatically. The Court explained that, as per Clause 3 of the Order, only those belonging to the Hindu, Sikh or Buddhist religion can be deemed to be Scheduled Caste. 

Similarly, for the Scheduled Tribes, since religion is not a factor when it converts to conversion, it has to be demonstrated or re-established that they continue to live their life in the tribal way, and are accepted by the tribal community.