REGULATORY · INDIA
Supreme Court limits Scheduled Caste eligibility
Change
The Supreme Court confirmed that only Hindus, Sikhs and Buddhists are eligible for Scheduled Caste status.
Why it matters
The Court upheld an Andhra Pradesh High Court ruling restricting Scheduled Caste eligibility to Hindus, Sikhs and Buddhists. It invoked Clause 3 of the Constitution (Scheduled Caste) Order, 1950, which bars persons professing a religion different from Hinduism from being deemed members of a Scheduled Caste. The restriction was treated as absolute. The ruling applies to persons who convert to other religions, including Christianity, who cannot claim benefits due to Scheduled Caste community members.
Implications
- · Individuals who convert from Hinduism, Sikhism or Buddhism to other religions will lose entitlement to Scheduled Caste reservations and benefits.
- · Persons who have converted cannot invoke protections or remedies tied to Scheduled Caste status, including under the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act.
- · Government agencies and benefits administrators will be required to deny or rescind Scheduled Caste status for individuals who profess religions outside the three specified faiths.
- · Verification and compliance processes for entitlement will be required to apply the religious-identity restriction.
Who is affected
- · Legal teams
- · Compliance teams
Source
Topics
World & Politics Governance Human Rights Law & Public Safety Court Rulings