In a landmark judgment delivered yesterday, the Supreme Court ruled that second generation Christian converts can reconvert to the original caste of their grandparents and avail the benefits applicable to that caste..The judgment was pronounced by a Division Bench comprising Justice Dipak Misra and Justice V Gopala Gowda in an appeal filed by one KP Manu (Appellant) against the decision of the Kerala High Court. Senior Advocate Shekhar Naphade appeared for the Appellant while Advocate Liz Mathew represented the Kerala government..The Appellant was born to Christian parents. The Appellant’s great-grandfather belonged to the Hindu Pulaya community and the Appellant’s grandfather had converted to Christianity. The Appellant’s parents were born as Christians and so was the Appellant. The Appellant converted to Hindu religion at the age of 24 and applied for a certificate to Akhila Bharata Ayyappa Seva Sangham which was granted. The Tehslidar, on the basis of the above, granted caste certificate to the Appellant..On a complaint made by an individual, the Scrutiny Committee conducted an enquiry and cancelled the caste certificate on two grounds: first that the Appellant was born to Christian parents, whose grandparents had embraced Christianity and second that there was no material brought on record to show that the Appellant after conversion was following the traditions and customs of the community. To arrive at the second conclusion, emphasis was laid on the fact that the Appellant after conversion, 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 Appellant to remove him from service and recover a sum of Rs. 15 lakh towards the salary paid to him. Appellant filed a writ petition in the High Court which was dismissed on the ground that by embracing Hinduism at the age of 24, the Appellant who was born to Christian parents and professed Christian faith, is not entitled to claim that he is “Hindu-Pulaya”. The Appellant challenged the said decision before the Supreme Court..Relying on the decision in Principal Guntur Medical College, Guntur & Ors. v. Y Mohan Rao, the Court held that reconverts will get the benefits of the caste even if conversion to Christianity happened during the time of grandparents and not parents..“The Constitution Bench in Y. Mohan Rao (supra) has clearly laid down that if a person born to Christian parents, who, belonging to Scheduled Caste had converted themselves to Christianity, the said person on reconversion to his religion and on acceptance by his community with a further rider that he would practise the customs and traditions of the caste, would be treated as a member of the said Scheduled Caste and if the said caste is one of the castes falling within the Constitution (Scheduled Castes) Order, 1950, then he will be treated as a Scheduled Caste.As we understand the authority, it does not lay down that it only would apply to the parents and exclude the grandparents.”.Regarding the contention that the Appellant was not following Hindu rites and customs as evidenced by his marriage to a Christian lady, the Court held that,.“The community which is a recognised organisation by the State Government, has granted the certificate in categorical terms in favour of the appellant. It is the community which has the final say as far as acceptance is concerned, for it accepts the person, on reconversion, and takes him within its fold. Therefore, we are inclined to hold that the appellant after reconversion had come within the fold of the community and thereby became a member of the scheduled caste.”.Based on the above, the Court set aside the judgment of the High Court and findings of the Scrutiny Committee and ordered that the Appellant be reinstated in service with all the benefits relating to seniority and caste..It would be interesting to see what the implications of this judgment will be as it has come at a juncture when the nation is embroiled in the controversial “Ghar Wapasi” reconversion drive by Hindu organisations..Read the full judgment below.
In a landmark judgment delivered yesterday, the Supreme Court ruled that second generation Christian converts can reconvert to the original caste of their grandparents and avail the benefits applicable to that caste..The judgment was pronounced by a Division Bench comprising Justice Dipak Misra and Justice V Gopala Gowda in an appeal filed by one KP Manu (Appellant) against the decision of the Kerala High Court. Senior Advocate Shekhar Naphade appeared for the Appellant while Advocate Liz Mathew represented the Kerala government..The Appellant was born to Christian parents. The Appellant’s great-grandfather belonged to the Hindu Pulaya community and the Appellant’s grandfather had converted to Christianity. The Appellant’s parents were born as Christians and so was the Appellant. The Appellant converted to Hindu religion at the age of 24 and applied for a certificate to Akhila Bharata Ayyappa Seva Sangham which was granted. The Tehslidar, on the basis of the above, granted caste certificate to the Appellant..On a complaint made by an individual, the Scrutiny Committee conducted an enquiry and cancelled the caste certificate on two grounds: first that the Appellant was born to Christian parents, whose grandparents had embraced Christianity and second that there was no material brought on record to show that the Appellant after conversion was following the traditions and customs of the community. To arrive at the second conclusion, emphasis was laid on the fact that the Appellant after conversion, 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 Appellant to remove him from service and recover a sum of Rs. 15 lakh towards the salary paid to him. Appellant filed a writ petition in the High Court which was dismissed on the ground that by embracing Hinduism at the age of 24, the Appellant who was born to Christian parents and professed Christian faith, is not entitled to claim that he is “Hindu-Pulaya”. The Appellant challenged the said decision before the Supreme Court..Relying on the decision in Principal Guntur Medical College, Guntur & Ors. v. Y Mohan Rao, the Court held that reconverts will get the benefits of the caste even if conversion to Christianity happened during the time of grandparents and not parents..“The Constitution Bench in Y. Mohan Rao (supra) has clearly laid down that if a person born to Christian parents, who, belonging to Scheduled Caste had converted themselves to Christianity, the said person on reconversion to his religion and on acceptance by his community with a further rider that he would practise the customs and traditions of the caste, would be treated as a member of the said Scheduled Caste and if the said caste is one of the castes falling within the Constitution (Scheduled Castes) Order, 1950, then he will be treated as a Scheduled Caste.As we understand the authority, it does not lay down that it only would apply to the parents and exclude the grandparents.”.Regarding the contention that the Appellant was not following Hindu rites and customs as evidenced by his marriage to a Christian lady, the Court held that,.“The community which is a recognised organisation by the State Government, has granted the certificate in categorical terms in favour of the appellant. It is the community which has the final say as far as acceptance is concerned, for it accepts the person, on reconversion, and takes him within its fold. Therefore, we are inclined to hold that the appellant after reconversion had come within the fold of the community and thereby became a member of the scheduled caste.”.Based on the above, the Court set aside the judgment of the High Court and findings of the Scrutiny Committee and ordered that the Appellant be reinstated in service with all the benefits relating to seniority and caste..It would be interesting to see what the implications of this judgment will be as it has come at a juncture when the nation is embroiled in the controversial “Ghar Wapasi” reconversion drive by Hindu organisations..Read the full judgment below.