'Caste is not carried forward with conversion': Madras HC makes massive observation

In a massive observation, the Madras High Court on Friday said that a person 'cannot carry his caste after conversion to another religion'. The observation was made while rejecting the backward class reservation claim of a man who converted to Islam from Hinduism.

Quoting from an order of the Supreme Court from 2015, in which the doctrine of the eclipse was cited, the High Court observed, "The original caste remains under eclipse and as soon as the person is reconverted to the original religion, the eclipse disappears and the caste automatically revives".

Petition for SC status converts in Supreme Court

The observation comes  at a time the Supreme Court is hearing a petition which seeks Scheduled Caste status for Dalits who have converted to Christianity and Islam. The petitioner seeks a declaration that the Constitution (Scheduled Castes) Order 1950 is discriminatory and violative of Article 14 and 15 of the Constitution as it does not confer Scheduled Caste status to persons converting to religions other than Hinduism, Sikhism and Buddhism.

The top court had asked the Prime Minister Narendra Modi-led government to clarify its stand on the subject on the PILs filed by the 'National Council of Dalit Christians' and others.

In the reply filed on November 10, the government said,“The Constitution (Scheduled Caste) Order, 1950 was based on historical data which clearly established that no such backwardness or oppression was ever faced by members of Christian or Islamic Society. In fact, one of the reasons for which people from Scheduled Castes have been converting to religions like Islam or Christianity is so that they can come out of the oppressive system of untouchability which is not prevalent at all in Christianity or Islam,”