Andhra Pradesh: High Court slams converted Christian pastor for misusing SC-ST Act, says cannot play both sides and use the act for personal gain

A person who has converted to a different faith cannot register a crime under the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, according to the verdict of the Andhra Pradesh High Court. On April 30, the decision was pronounced by Justice N Harinath.

A complaint was filed under the SC/ST act by a Christian pastor Chintada Anand Paul from Kothapalem, Guntur district. He reported that the petitioners had punched and slapped him during a prayer service as well as hurled caste-based abuses against him.

However, the Court contended that the complainant’s conversion to Christianity rendered the submission of the FIR (First Information Report) under the SC/ST Act unlawful. They asserted that he cannot claim to a member of the scheduled caste community after conversion.

“The 2nd respondent has ceased to be a member of the scheduled caste community the day he had converted into Christianity. This court is of the considered view that the registration of crime under the provisions of SC/ST (Prevention of Atrocities) Act is illegal,” the High Court declared.

The Court noted, “It is also held that filing of charge sheet in-spite of the categorical statements of the listed witnesses specifically stating that the 2nd respondent is working as a pastor for the last 10 years, the police could not have laid a charge sheet charging the petitioners for alleged offence under Sections 3(1)(r), 3(1)(s), 3(2)(va), SC/ST (Prevention of Atrocities) Act.”

The court reaffirmed that the SC/ST act’s provisions can only be invoked by members of the Scheduled Caste and Scheduled Tribe community. Additionally, it clarified that the security provided by the legislation cannot be applied to a person who has converted to Christianity but held their caste certificate. “As seen from the recitals of the complaint and the statements of the material witnesses it is amply clear that the 2nd respondent is working as a pastor and has been professing Christianity for the last 10 years as on the date of the complaint,” the Court judgement highlighted.

It established that “having converted to Christianity, the petitioner cannot continue to be a member of Scheduled Caste community. 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 Judge stated that although authorities will examine the caste certificate to determine its legitimacy, its existence would not grant him any rights under the act after his conversion. “This court is of the considered view that a false complaint is filed and no purpose would be served if the petitioners are relegated to the trial court and to undergo the rigmarole of trial criminal petition is allowed and Spl.SC.No.36 of 2021 on the file of IV Additional District and Sessions Judge – Cum – SC, ST Court, Guntur is hereby quashed,” he concluded.

Chintada Anand Paul, a pastor and Treasurer of the Pastors Fellowship, claimed to have been the target of threatening phone calls in December 2020, an attack on 3rd January 2021 during Sunday prayers, and another assault on 4th January 2021 by the petitioners and others. A police investigation, witness testimonies, a charge sheet and a medical report mentioning minor injuries were submitted after the complaint, which was submitted on 26th January 2021 with the Chandolu police against Akkala Ramireddy and others. The charge sheet was filed before a special court for SC/ST cases.

Afterwards, the petitioners were booked under sections 3(1)(r), 3(1)(s), and 3(2)(va) of the SC/ST Act, as well as Sections 341, 506, 323 and 34 of the Indian Penal Code (IPC). The pastor alleged that since the Tehsildar had verified that he was a member of the “Hindu-Madiga” caste and hence a member of the scheduled caste community, he could not be denied protection under the SC/ST Act.

The court found he could not claim SC status because of the statements of witnesses, including his wife. It also outlined that there was not enough evidence to support the accusations because the majority of witnesses did not support the alleged mob attack. The complaint violated the SC/ST Act, the court declared, and added that there was insufficient evidence to support a trial. A defendant had even died during the course of the proceedings.

SC/ST status cannot be misused for personal benefits

Notably, the Supreme Court of India issued a historic ruling on 26th November 2024, holding that it is “fraud on the Constitution” to convert to a religion merely to obtain reservation benefits without having a sincere belief in the faith. C Selvarani, who was denied a Scheduled Caste (SC) certificate after claiming to have reverted to Hinduism to receive reservation perks at work, filed an appeal, but the apex court rejected it.

It observed, “In any case, upon conversion to Christianity, one loses the caste and cannot be identified by it.” The court further declared, “One converts to a different religion when genuinely inspired by its principles, tenets, and spiritual thoughts. However, if the purpose of conversion is largely to derive the benefits of reservation but not with any actual belief in the other religion, the same cannot be permitted, as the extension of benefits to people with such ulterior motives will only defeat the social ethos of the policy of reservation.”

The court added that reservations are meant to promote social equity and correct historical injustice. False claims tend to deny legitimate claimants and reduce the efficacy of the reservation system. “A caste to which a Hindu belongs is essentially determined by birth. When a person is converted to Christianity or some other religion, the original caste remains under eclipse, and as soon as during his/her lifetime the person is reconverted to the original religion, the eclipse disappears, and the caste automatically revives. However, where it appears that the person reconverted to the old religion had been converted to Christianity since several generations, it may be difficult to apply the doctrine of eclipse to the revival of caste,” it observed.

The bench stated, “The conferment of Scheduled Caste communal status to the appellant, who is a Christian by religion but claims to still embrace Hinduism only for the purpose of availing reservation in employment, would go against the very object of reservation and would amount to fraud on the Constitution.” The Supreme Court panel, consisting of Justice Pankaj Mithal and Justice R Mahadevan, had affirmed the 2023 ruling of the Madras High Court regarding the case.

Cannot carry caste after conversion

A person cannot retain their caste after converting, according to a 2022 judgment by the Madras High Court. On a plea filed by U Akbar Ali, who was born a Hindu into a denotified group and hence belonged under the Most Backward Class (MBC) category, Justice G R Swaminathan rendered the decision. In 2008, Akbar Ali changed his name and embraced Islam. He applied for the Tamil Nadu Public Service Commission’s (TNPSC) Group-II services but was not selected since he was considered an open category candidate rather than a reserved candidate. He petitioned the court to challenge his exclusion.

“Whether such a person should be given the benefit of reservation even after conversion is a question that is pending adjudication before apex court. When the supreme court is apprised of the matter, it is not for this court to uphold the claim of the petitioner. The stand taken by the TNPSC is correct and it does not warrant any interference,” the court stated. Not all Muslims are recognized as BCs in Tamil Nadu, based on Justice Swaminathan report.

Referencing a certificate issued by a Qazi in Tamil Nadu, Justice Swaminathan stated that Sathiyamoorthy S/o Lakshmanan had converted to Islam of his own free will, joined the Muslim Jamat as a member, and was abiding by Islamic laws and principles. He added, “This certificate declaring the petitioner’s conversion only states that the petitioner has become a Muslim and nothing more.”

He emphasised, “When a Hindu gets converted to Islam, he becomes just a Musalman and his place in Muslim society is not determined by the caste to which he belonged before his conversion. When the Qazi does not declare that the convertee is to be treated as belonging to the group of Labbais, I fail to understand as to how a revenue authority of a secular government can fix the converted individual in a particular slot or pigeon-hole him.”

The judge noted at least four letters from the Tamil Nadu government, stating that the administration had stipulated that candidates who converted from another religion to Islam would only be categorized as “others.” The jurisdictional Deputy Tehsildar acted inappropriately by disregarding the mandates outlined in the government correspondence that are obligatory for him.

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