In a significant ruling, the Andhra Pradesh High Court has held that a person who has converted to Christianity cannot invoke the protections of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. The Court quashed an FIR and subsequent charges filed under the SC/ST Act against the accused, citing the complainant’s conversion and his role as a pastor.
Justice Harinath N, presiding over the single-judge bench, ruled that once a person voluntarily converts to another religion, they cease to be a member of the Scheduled Caste for the purpose of the SC/ST Act. “The 2nd respondent has ceased to be a Member of the Scheduled Caste Community the day he had converted into Christianity,” the Court observed.
The complainant in the case, a Christian pastor, had alleged that he was assaulted by the petitioners during a prayer service. Based on his complaint, an FIR was registered under Sections 3(1)(r), 3(1)(s), and 3(2)(va) of the SC/ST Act, along with Sections 341, 506, 323, and 34 of the IPC. The petitioners, however, contended that the charges under the SC/ST Act were legally untenable since the complainant had converted to Christianity and was no longer entitled to the protections of the Act.
The Court accepted the petitioners’ argument, noting that the complainant had been functioning as a pastor for over a decade. “Having converted to Christianity and admitting his role as a Pastor in a Church, the 2nd respondent could not invoke the provisions of the SC/ST Act,” Justice Harinath stated.
The complainant had claimed he was still eligible for protection under the SC/ST Act based on a caste certificate issued by the Tahsildar identifying him as belonging to the ‘Hindu-Madiga’ caste. However, the Court clarified that mere possession of an unrevoked caste certificate cannot override the fundamental change in religious status brought by conversion.
“Caste system is alien to Christianity,” the Court emphasized, reiterating that the protective legislation is applicable only to individuals who continue to belong to the Scheduled Castes or Scheduled Tribes in terms of their religious identity.
In its final order, the Court quashed the pending Special Case No. 36 of 2021 on the file of the IV Additional District and Sessions Judge-cum-SC/ST Court, Guntur, and allowed the criminal petition filed by the accused. It also observed that the complaint appeared to be false and that no purpose would be served by subjecting the petitioners to trial.
(With inputs from Verdictum)
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