Does one get back Scheduled Caste status after returning to Hinduism? Supreme Court made its stand clear: – ..

News India Live, Digital Desk: Can a person who was earlier a Hindu, then converted to another religion and now converts to Hinduism, again get ‘Scheduled Caste’ (SC) benefits and reservations? The Supreme Court has shared a very important and clear interpretation on this complex constitutional question. This stand of the apex court can become a ray of hope for thousands of people who were doubtful about their original identity after ‘homecoming’ or religious conversion.

Supreme Court’s big comment: Original caste does not cease to exist

The Supreme Court made it clear during its hearing that mere conversion of religion does not erase the social and historical background of a person which he had acquired by birth. The court held that if a person leaves Christianity or Islam and comes back to Hinduism and the person was originally from the Scheduled Caste, he may be entitled to SC status again. However, the court has also set some special conditions and criteria for this.

These conditions have to be fulfilled to get the benefit of reservation

According to the court, mere ‘conversion’ is not sufficient for restoration of SC status. For this, two major aspects will be tested:

Availability of evidence: Can a person prove that he was actually a part of the Scheduled Caste before changing religion?

Society’s Acceptance: Has the person been accepted by the community of that particular caste after coming back to Hinduism? The court said that if both these conditions are fulfilled, the person cannot be deprived of reservation and other constitutional benefits.

Article 341 of the Constitution and historical context

Under Article 341 of the Constitution of India, the President has the power to decide who will be included in the Scheduled Caste list. As per the current provisions, only those following Hindu, Sikh and Buddhist religions can avail the benefits of Scheduled Caste. This latest stand of the Supreme Court is a big step towards resolving the legal complications where legal battles were being fought regarding the right to reservation after religious conversion. This decision can have far-reaching effects on the politics and social structure of the country in the times to come.