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Dalits converting back to Hinduism, Sikhism or Buddhism may reclaim SC status: Top court

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Hindu Dalits who converted back to Hinduism, Sikhism or Buddhism after adopting another religion may reclaim the Scheduled Caste status, provided they fulfilled certain conditions, including the fact that they have been accepted back as members of their original caste community, the Supreme Court ruled on Tuesday.A Bench of Justice PK Mishra and Justice Manmohan – which held that a Hindu Dalit person converted to Christianity or Islam can’t claim the Scheduled Caste status and the benefits meant for Scheduled Castes under the Constitution and various laws – clarified that such a person can claim the Scheduled Caste status again if he/she must “cumulatively and conclusively” establish the three conditions prescribed by it.Writing the judgment for the Bench, Justice Mishra said, “In cases where a person claims to have reconverted from a religion not specified in Clause 3 of the Constitution (Scheduled Castes) Order, 1950 back to Hindu, Sikh or Buddhist religion… There must be clear proof that the person originally belonged to a caste notified under the Constitution (Scheduled Castes) Order, 1950.”It said, “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.”The Bench said, “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 recognise and accept the person as one of their own.”Emphasising that all three conditions were mandatory and cumulative, the top court said, “The burden of proving reconversion lies entirely on the claimant, to be proven through unimpeachable evidence. Failure to establish even one condition renders the claim unsustainable.”It said, “Where a person ceases to be a member of a Scheduled Caste by virtue of Clause 3 of the Constitution (Scheduled Castes) Order, 1950, the loss of such status carries with it the automatic and immediate termination of all eligibility for statutory benefits, protections, reservations, preferences and entitlements that are predicated upon or flow from such membership.”However, with respect to Scheduled Tribes, the top court clarified that unlike the Constitution (Scheduled Castes) Order, 1950, the Constitution (Scheduled Tribes) Order, 1950 did 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,” it noted.“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,” the top court said.

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