Protection Under SC/ST Act Cannot Be Invoked By Those Who Convert To Christianity, Rules Andhra Pradesh HC

In a significant development, the Andhra Pradesh High Court has ruled that a person who has converted to Christianity cannot invoke the provisions of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Andhra HC Justice Harinath N held that once a person converts to Christianity, he stops being a member of the scheduled caste communities, Bar & Bench reported.

“Only a person belonging to Scheduled Caste and Scheduled Tribe can invoke the provisions of SC, ST (Prevention of Atrocities) Act,” the Court said in its 30 April judgement.

"The 2nd respondent had voluntarily converted to Christianity and was admittedly working as a Pastor in a Church for the last 10 years as on the date of the incident. Thus, the 2nd respondent cannot be permitted to invoke the provisions of the protective legislation,” the Court added.

The Bench also said that the SC/ST Act protection will not be available to a person holding the scheduled caste certificate if they have converted to Christianity. 

“Mere non-cancellation of the caste certificate by the authority to a person who has converted into Christianity cannot instill the protection granted under the Protective Legislation. The 2nd respondent has ceased to be a Member of the Scheduled Caste Community, the day he had converted to Christianity," thje court said.

The case stemmed from a complaint by a man who had converted to Christianity more than a decade ago and was serving as a pastor.

He alleged caste-based abuse and assault, prompting the police to register case under the SC/ST Act and relevant sections of the Indian Penal Code (IPC).

However, the accused contested the applicability of the SC/ST Act, arguing that the complainant, being a Christian, no longer belonged to a Scheduled Caste community.

After considering the case, the Court agreed with the argument and further held that even the IPC offences are not substantiated. 

The Court agreed with the argument and further also dismissed the IPC charges.

“This Court is of the considered view that a false complaint is filed and no purpose would be served if the petitioners are relegated to the trial Court and to undergo the rigmarole of trial,” the court said. 

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