04/06/2026
Buddhists should mention their caste in census 2027
In Chithanda Anand vs State of Andhra Pradesh, where appellant sought protection under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, bench of Supreme Court comprising of Justice Prashant Kumar Mishra, Justice J. Manmohan gave decision on 24/3/2026 that Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — Section 3 — Constitution (Scheduled Castes) Order, 1950 — Clause 3 — Effect of conversion to Christianity on Scheduled Caste status —The Supreme Court upheld the High Court’s decision to quash criminal proceedings under the SC/ST Act initiated by a person who had converted to Christianity and was practicing as a Pastor - Held, that as per Clause 3 of the Constitution (Scheduled Castes) Order, 1950, no person who professes a religion different from the Hindu, Sikh, or Buddhist religion shall be deemed to be a member of a Scheduled Caste - Since appellant indubitably professed Christianity by performing pastoral duties for over a decade, his caste status as a member of the Madiga community stood "eclipsed in the eyes of law" upon conversion - once foundational requirement of caste status is extinguished, statutory protection under the SC/ST Act is no longer available.
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — Statutory vs. Non-Statutory Benefits — Reliance on State Government Orders (G.O.Ms. No. 341) extending benefits to converts is misplaced regarding central statutory enactments - Held, that such executive orders only apply to "non-statutory concessions" like economic support schemes and cannot override the Presidential Order or apply to statutory benefits/protections under Central Acts like the SC/ST Act.
Indian Penal Code, 1860 — Sections 323, 341, 506, and 34 — Quashing of Proceedings — Code of Criminal Procedure, 1973 — Section 482 — Where allegations of attack and criminal intimidation rest solely on statement of complainant without independent corroboration and are contradicted by other witness statements, basic foundation for offences is missing - Held, that continuing such proceedings would amount to an abuse of process of law.
The High Court had quashed the entire criminal proceedings in Spl. SC No. 36 of 2021 qua respondent nos. 2 to 7, holding inter alia that appellant cannot claim protection under the SC/ST Act since he had been openly professing Christianity and working as a Pastor for about a decade. The High Court was of view that caste system is not recognised in Christianity and that a person who has converted, continues to actively work as a Pastor, profess Christianity, cannot, in law, claim protection under the SC/ST Act.
This decision given by High Court was upheld by the Supreme Court.
Learned senior counsel for respondent nos. 2 to 7 submitted that reliance of appellant on G.O.Ms. No. 341 issued by State of Andhra Pradesh is wholly misplaced since an executive order cannot override Presidential Order issued under Article 341 of Constitution of India, State does not have no authority to enlarge, modify, or alter the Scheduled Caste list.
Supreme Court said, it is needed to first delineate broader legal issue that arises, namely, conditions under which a person, who has undergone religious conversion, can avail statutory benefits granted to the members of the Scheduled Castes and Scheduled Tribes. The clarification of this overarching principle is essential, as the resolution of present controversy must rest upon its proper application.
Under the Constitution of India, 1950, Articles 341 enumerates about the Scheduled Castes. The relevant Article is reproduced hereinbelow:
341. Scheduled Castes.—(1) President may with respect to any State or Union territory, and where it is a State, after consultation with the Governor thereof, by public notification, specify the castes, races or tribes or parts of or groups within castes, races or tribes which shall for purposes of this Constitution be deemed to be Scheduled Castes in relation to that State, or Union territory, as case may be.
(2) Parliament may by law include in or exclude from list of Scheduled Castes specified in a notification issued under clause (1) any caste, race or tribe or part of or group within any caste, race or tribe, but save as aforesaid a notification issued under said clause shall not be varied by any subsequent notification.
Constitution (Scheduled Caste) Order, 1950
1. This Order may be called Constitution (Scheduled Castes) Order, 1950.
2. Subject to the provisions of this Order, the castes, races or tribes or parts of, or groups within, castes or tribes specified in Parts to [XXV] of the Schedule to this Order shall, in relation to States to which those Parts respectively relate, be deemed to be Scheduled Castes so far as regards member thereof resident in localities specified in relation to them in those Parts of that Schedule.
3. Notwithstanding anything contained in paragraph 2, no person who professes a religion different from the Hindu, the Sikh or the Buddhist] religion shall be deemed to be a member of a Scheduled Caste.
4. Any reference in this Order to a State or to a district or other territorial division thereof shall be construed as a reference to State, district or other territorial division as constituted on the 26th day of January, 1950.
The learned counsel for the appellant has placed reliance upon G.O. Ms No.341, Social Welfare Department, Government of Andhra Pradesh, dated 30.08.1977, which extends certain concessions granted to Scheduled Castes (Hindus) by the State Government to Scheduled Caste converts to Christianity and Buddhism. It is contended that in view of this Government Order, the appellant ought to be recognized as a member of the Scheduled Caste for the purposes of invoking provisions of the SC/ST Act. For proper appreciation of this contention, relevant portions of G.O.Ms. No.341 dated 30.08.1977 is reproduced below:
Government of Andhra Pradesh Abstract
Social Welfare (PR) Department
Dated: 30.08.1977
Social Welfare-Scheduled Caste Converts to Christianity and Buddhism-Non-Statutory Concession available for Scheduled Castes-Extension to Converts for Scheduled Castes to Christianity and to Buddhism-Orders Issued.
G.O.Ms.No.341
Order:
1. Representations have been received by Government from time to time requesting for the extension of the concessions granted to Scheduled Castes (Hindus) to Scheduled Castes Converted to Christianity and Buddhism on the ground that the Scheduled Castes converts also suffer from all the social disabilities as Scheduled Castes, irrespective of their conversion. At the State Harijan Conference held in April 1976 also, it was recommended that mere change of religion should not become a bar to Scheduled Castes persons from securing the benefits that they would have been eligible as Scheduled Castes, before conversion and, therefore, the Scheduled Castes converts should be given all the benefits they would have enjoyed before conversion to any other religion.
2. Government have carefully examined matter in light of recommendations made by State Harijan Conference and other relevant considerations.
Government have decided to extended all the non-statutory concessions now available to Scheduled Castes (Hindus) to Scheduled Caste converts to Christianity and to Buddhism. Accordingly, in supercession of the orders issued in this behalf, Government direct that all non-statutory concessions granted to Scheduled Castes (Hindus) by State Government including economic support schemes sanctioned by Andhra Pradesh Scheduled Castes Cooperative Finance Corporation be extended to Scheduled Castes converts to Christianity and to Buddhism.
3. However, statutory concessions, that is, reservations in educational institutions and reservation in public services for Scheduled Castes are applicable only to Scheduled Castes with reference to the constitution (Scheduled Castes) Order 1950. The Scheduled Castes converts to Christianity and Buddhism will not therefore be eligible for these facilities. The existing orders in this respect will continue.
(BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)
Clause 3 of the State Government Order is unambiguous and unequivocal. It states that statutory concessions, including reservations in educational institutions and public services, are applicable only to Scheduled Castes with reference to the Constitution (Scheduled Castes) Order, 1950. The Government Order thus explicitly recognizes and reaffirms position embodied in Clause 3 of the Constitution (Scheduled Castes) Order, 1950, which restricts Scheduled Caste status to persons professing Hindu, Sikh, or Buddhist religion.
The SC/ST Act is a statutory enactment of the Parliament of India. The Act serves as a crucial legal framework to protect the rights and dignity of Scheduled Castes and Scheduled Tribes in India, ensuring stringent measures against offences of atrocities and promoting their welfare and security. The inapplicability of G.O.Ms No. 341 issued by the State to such central enactments has been authoritatively clarified by the Central Government itself.
In a written reply to Lok Sabha on 3rd August, 2021, Minister of State for Social Justice and Empowerment, Shri A. Narayanaswamy, addressed this precise issue. Press Information Bureau issued a press release titled “Benefit of Centrally Sponsored Schemes to Converted Christians” recording this parliamentary reply, which reads as follows:
“Ministry of Social Justice & Empowerment
Benefit of Centrally Sponsored Schemes to Converted Christians
प्रविवि विवि: 03 AUG 2021 5:25PM by PIB Delhi
No person who professes a religion different from the Hindu, the Sikh or the Buddhist religion shall be deemed to be a member of a Scheduled Caste. The benefits of Centrally Sponsored Schemes (CSS) meant for the welfare and development of Scheduled Castes cannot be extended to Converted Christians from Scheduled Castes.
Government of Andhra Pradesh vide their letter dated 30.07.2021 has informed that they have issued orders vide GO.Ms. No. 341, Social Welfare Dept., dated 13.08.1977 that non-statutory concessions granted to the Scheduled Castes (Hindus) by the State Government be extended to Scheduled Caste converts to Christian and to Buddhism.
Since this will not apply to benefits under Centrally Sponsored Schemes or any other statutory benefits, no further action is contemplated from Ministry. This information was given by The Minister of State for Social Justice and Empowerment Shri A. Narayanaswamy in Lok Sabha in a written reply.
The question as to whether a person is a member of Scheduled Caste or Scheduled Tribe remains an absolute question of fact. In the instant case, the legislative history of Clause 3 of the Constitution (Scheduled Castes) Order, 1950 is of immense significance. As originally enacted in the year 1950, Clause 3 restricted Scheduled Caste status to persons professing the Hindu religion. It was subsequently amended in the year 1956 to include persons professing the Sikh religion. Later, in the year 1990, the provision was further extended to include persons professing the Buddhist religion. It is important to note that Christianity has not been included under this Order by any of these amendments.
Upon a cumulative reading of aforesaid discussion and in light of the Constitution (Scheduled Castes) Order, 1950 and Constitution (Scheduled Tribes) Order, 1950, following principles emerge for determining the entitlement of a person to be recognised as a member of a Scheduled Caste or Scheduled Tribe:
1) The claimant must demonstrably belong to a caste or tribe which is specifically notified and recognised under Clause 2 of the Constitution (Scheduled Castes) Order, 1950 and Constitution (Scheduled Tribes) Order, 1950, and such status must be established by clear, cogent, unimpeachable evidence.
2) No person who professes a religion other than Hindu, Sikh or Buddhist shall be deemed to be a member of a Scheduled Caste. This bar under Clause 3 of the Constitution (Scheduled Castes) Order, 1950 is categorical, absolute. Conversion to any religion not specified in Clause 3 results in immediate and complete loss of Scheduled Caste status from the moment of conversion regardless of birth.
3) No statutory benefit, protection, reservation, or entitlement under the Constitution or under any enactment of Parliament or State Legislature that is predicated upon the membership of a Scheduled Caste can be claimed by or extended to any person who, by operation of Clause 3 of the Constitution (Scheduled Castes) Order, 1950, is not deemed to be a member of a Scheduled Caste. This bar is absolute and admits no exception.
4) Where a person ceases to be a member of a Scheduled Caste by virtue of Clause 3 of the Constitution (Scheduled Castes) Order, 1950, the loss of such status carries with it the automatic and immediate termination of all eligibility for statutory benefits, protections, reservations, preferences and entitlements that are predicated upon or flow from such membership.
Caste certificate is mandatorily required to be in consonance with the Constitution (Scheduled Castes) Order, 1950.
In K.P. Manu vs. Scrutiny Committee for Verification of Community Certificate Supreme Court gave decision that for a person who claims to be a beneficiary of a caste certificate: there must be absolutely clear-cut proof that he belongs to the caste that has been recognised by the Constitution (Scheduled Castes) Order, 1950.
From above discussion it follows that to avail statutory benefits like it is not sufficient to mention one’s religion as Hindu, Sikh, or Buddhist, Caste certificate is mandatorily required to be in consonance with the Constitution (Scheduled Castes) Order, 1950. therefore, if Buddhists want to avail of statutory benefits, protection, reservation, or entitlement under the Constitution or under any enactment of Parliament or State Legislature that is predicated upon the membership of a Scheduled Caste can be claimed by or extended to any person who, by operation of Clause 3 of the Constitution (Scheduled Castes) Order, 1950, must demonstrably belong to a caste or tribe which is specifically notified and recognised under Clause 2 of the Constitution (Scheduled Castes) Order, 1950 and Constitution (Scheduled Tribes) Order, 1950, and such status must be established by clear, cogent, unimpeachable evidence.
One should keep in mind that statutory benefits are not extended in name of religion but in name of category, that is, Scheduled Caste, Scheduled Tribe or Other Backward Castes. Therefore for availing above said statutory benefits one should mention his/her caste even if he/she is converted to Buddhism. Of course, there was time when statutory benefits were extended to Muslims in India in name of religion, but that provision is no longer available. That scheme was rescinded by Brahmins.
One cannot avail statutory benefits simply by mentioning their religion Hindu, Sikh or Buddhist, he/she should furnish proof that he/she belongs to Scheduled Caste, Scheduled Tribe or Other Backward Caste.
Therefore, in ongoing Census 2027, Buddhists should mention their religion as Buddhist along with their respective caste.
Dr. Dushant Khobragade