SC&ST ACT NOT APPLICABLE TO CHRISTIAN CONVERTS: ANDHRA PRADESH HIGH COURT:

In a landmark judgment delivered on April 30, 2025, the Andhra Pradesh High Court ruled that the caste system is incompatible with the principles of Christianity. The Court held that a person who has converted to Christianity and actively follows and practices the faith can no longer be considered a member of the Scheduled Caste community. As a result, such an individual is not entitled to seek protection under the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act.

The caste system is alien to Christianity. Having converted to Christianity and admitting his role as a Pastor in a Church the 2nd respondent could not invoke the provisions of the Scheduled Caste, Scheduled Tribe (Prevention of Atrocities) Act,” the Court said.

Quashing charges filed by a complainant who had converted to Christianity and had invoked the SC & ST Act, a Single Judge Bench of Justice Harinath N. further held,

“The SC ST (Prevention of Atrocities) Act is a protective legislation introduced for preventing atrocities against members of Scheduled Castes and Scheduled Tribes. In the present case, the 2nd respondent has misused the Protective Legislation though he is not entitled to invoke the provisions of the Act. 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 incident. Thus, the 2nd respondent cannot be permitted to invoke the provisions of the Protective Legislation.”

While the complainant had contended that despite conversion, he still possessed the Scheduled Caste Certificate, the Court held that “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 into Christianity.”

The case is as follows:

In a significant ruling dated April 30, 2025, the Andhra Pradesh High Court quashed charges filed under the SC&ST (Prevention of Atrocities) Act against a petitioner accused of assaulting and threatening a Pastor in Pittalavanipalem Village. The petitioner challenged the applicability of the Act, arguing that the complainant, who had converted to Christianity and served as a Pastor for over 10 years, could no longer claim Scheduled Caste status. Referring to the Constitution (Scheduled Castes) Order, 1950, and the fundamental requirement under Section 3 of the SC&ST Act, the Court held that the caste system is alien to Christianity, and thus, the complainant was not entitled to invoke the Act’s protections despite holding an SC caste certificate. The Court clarified that the validity of the caste certificate was a separate issue to be addressed under the Andhra Pradesh Community Certificates Act, 1993.

On examining the charges under the Indian Penal Code (Sections 341, 506, 323 read with 34), the Court found insufficient corroborative evidence beyond the complainant’s statement. Witnesses, including the complainant’s wife and others, described a general altercation involving questioning by villagers but did not support the specific claims of assault or threats. Noting inconsistencies and the lack of substantive witness support, the Court concluded that the registration of the FIR under the SC&ST Act was unlawful and that the charge sheet had been improperly filed. Accordingly, the Court allowed the Criminal Petition and quashed all charges against the petitioner.