A person can be given SC/ST status even after his re-converson if there is evidence establishing the acceptance by the community : Supreme Court

The Supreme Court of India while hearing a petition relating to the issue or reconversion and caste has held that a person continues to belong to a scheduled caste even after reconversion. Laying down the test to decide such cases, the two judge bench consisting of Justices Dipak Misra and V. Gopala Gowda, "In our considered opinion, three things that need to be established by a person who claims to be a beneficiary of the caste certificate are (i) there must be absolutely clear cut proof that he belongs to the caste that has been recognised by the Constitution (Scheduled Castes) Order, 1950; (ii) there has been reconversion to the original religion to which the parents and earlier generations had belonged; and (iii) there has to be evidence establishing the acceptance by the community. Each aspect according to us is very significant, and if one is not substantiated, the recognition would not be possible."Hearing the appeal against the order passed by the Kerala High Court which had to decide on the issue as a person, Manu had converted to Hinduism and claimed to belong from a Scheduled caste. However, Manu's grandfather had converted to Christianity and their grandson, Manu was a born Christian. However, upon his reconversion, "jurisdiction of the Scrutiny Committee under Section 11(3) of Kerala (Scheduled Castes and Scheduled Tribes) Regulation of Issue of Community Certificates Act, 1996 was invoked, challenging the grant of caste certificate, namely, Hindu Pulaya to the appellant on the ground that the said certificate had been obtained by him on misrepresentation, and that apart the concerned authority had issued the caste certificate in total transgression of law. The Committee conducted an enquiry andeventually by its order dated 4th February, 2006 had returned afinding that the appellant was erroneously issued a castecertificate inasmuch as he was not of Hindu origin and hence,could not have been conferred the benefit of the caste status."The judgment of the Supreme Court notes, "sometime in the year 1984 at the age of 24 convertedhimself to Hindu religion and changed his name to that of K.P.Manu. On the basis of the conversion he applied for a castecertificate to Akhila Bharata Ayyappa Seva Sangham. Be itstated, the appellant after conversion had obtained a certificatefrom the concerned community on 5thFebruary, 1984.Eventually, the Tehsildar who was authorised to issue the caste certificate had issued the necessary caste certificate"However, the Security Committee in its report held that benefit of caste status could not be given as the grandparents of the person were Christian and also the fact that the person had married a Christian lady. "On the basis of the aforesaid report of the Scrutiny Committee, the State Government took action and directed the employer of the Manu to remove him from service and recover a sum of Rs.15 lakhs towards the salary paid to him."Before the Supreme Court, it was contented by Manu that the Security Committee was made to enquire certain aspects and it has correctly found out that he has produced the requisite certificate. However, the Committee has incorrectly decided that he should not be given the benefits of belonging to a SC. On the other hand, "Ms. Liz Mathew, learned counsel for the respondent-State submitted that the reasoning ofHigh Court cannot be faulted inasmuch as the Constitution Bench does not lay down that a person born as a Christian whose grandparents had embraced Christianity can, on reconversion, come back to the stream of his/her original casteon acceptance by the community, and further the principle stated therein should not be stretched to cover that arena."Carving out the issues before it, the Supreme Court noted, "(1) whether on conversion and at what stage a person born to Christian parents can, after reconversion to the Hindu religion, be eligible to claim the benefit of his original caste; (ii) whether after his eligibility is accepted and his original community on a collective basis takes him within its fold, he still can be denied the benefit; and (iii) that who should be the authority to opine that he has been following the traditions and customs of a particular caste or not."Thereafter, the Court perused a number of authorities, including various cases laws and also articles authored by James Massey, B.R. Ambedkar and inaugural address to the CatholicBishops Conference ofIndia, (CBCI) in the meeting held in Pune during December 1991 by Archbishop George Zur, Apostolic Pro-Nuncio to India. The Court also perused the Mandal Commission report while referring to the judgment pronounced in S. Anbalagan,(1984) 2 SCC 112, said that in S. Anbalagan it was laid down, "if the caste...

A person can be given SC/ST status even after his re-converson if there is evidence establishing the acceptance by the community : Supreme Court

Gaurav Pathak

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