Conversion Does Not Automatically Lead To Loss Of Scheduled Tribe Status, Person Must Renounce Tribal Customs : Supreme Court

The Supreme Court today clarified that no person other than those professing Hinduism, Sikhism, and Buddhism can be regarded as a member of the Scheduled caste.

At the same time, it said that while caste is a factor when it comes to the Scheduled caste, there is no requirement for the Scheduled Tribes, and therefore, conversion may not be the sole criterion for determining whether a person has lost membership of a tribe.

For the context, the Supreme Court bench comprising Justice Prasant Kumar Mishra and Justice Manmohan was hearing a case of a Pastor, who belonged to the Madiga caste of the Hindu religion, but converted to Christianity. He then filed a case of assault against some persons under the Scheduled Caste, Scheduled Tribe (Prevention of Atrocities) Act.

The Andhra Pradesh High Court held that since he converted to Christianity, he cannot be regarded as a member of the Scheduled Caste and couldn't claim the protection under the SC&ST Act as per the Constitution (Scheduled Castes) Order, 1950. This was upheld by the Supreme Court today, which also explained further nuances in this matter.

No religion-based exclusion for Scheduled Tribe status

The bench however, explained that while there is a religion-based exclusion under the Constitution (Scheduled Castes) Order, 1950, there is no such criterion under the Constitution (Scheduled Tribes) Order, 1950. This is because the tribe has been defined as a social group where the members speak a common dialect, have a single government and act together for a common purpose, as was defined in State of Kerala vs. Chandramohan(2004).

That is why the Constitutional Order for the Scheduled Tribes has no mention of caste or race.  A person can claim benefits under the order only if he/she continues to belong to that particular tribe. But due to conversion or long-term abandonment of tribal customs, the identity of the person is in doubt; then that is a question of fact which the Court will have to determine at trial.

"From the above, it becomes clear, that once a person belonging to a Scheduled Tribe converts to another religion, ultimately through the passage of time, the customs, rituals and other traits of that particular tribe may fall into eclipse. If so, in such circumstance, it is proved that the person in question has completely renounced himself from the customs, rituals and other traits of his tribe, and has assimilated into the converted religion following the practices and customs of that particular religion, a reasonable inference can be drawn that such a person shall not be considered a part of the tribe."

Therefore, the Court said that the determination of the Scheduled Tribe status can't rest on conversion alone: "it must turn on whether the claimant continues to possess and is recognised for the essential attributes of tribal identity, including customary practices, social organisation, community life, and acceptance by the concerned tribal community."

In case the conversion or subsequent conduct results in a complete severance from the tribal way of life and loss of community recognition, the status of the Scheduled Tribes will stand eroded. 

"Conversely, where such attributes demonstrably subsist or are genuinely re-established and accepted by the tribal community, the claim cannot be rejected mechanically. The assessment in such cases is necessarily fact-specific and is left to the competent authority to decide in accordance with Constitutional principles."

Both Constitutional Orders have been promulgated by the President under Articles 341 and 342, respectively, to specify the castes and tribes deemed under the respective orders.

The Court concluded as regards ST status as follows :

"With respect to Scheduled Tribes, this Court clarifies that unlike the Constitution (Scheduled Castes) Order, 1950, the Constitution (Scheduled Tribes) Order, 1950 does not prescribe religion-based exclusion. The determination of Scheduled Tribe status, therefore, cannot rest on conversion alone, but must turn on whether the claimant continues to possess and is recognised for the essential attributes of tribal identity, including customary practices, social organisation, community life, and acceptance by the concerned tribal community. Where conversion or subsequent conduct results in a complete severance from the tribal way of life and loss of community recognition, the foundational basis for Scheduled Tribes status will stand eroded. Conversely, where such attributes demonstrably subsist or are genuinely re-established and accepted by the tribal community, the claim cannot be rejected mechanically. The assessment in such cases is necessarily fact-specific and is left to the competent authority to decide in accordance with Constitutional principles."