GOVINDANATARAJAN NIDADANA
3 years ago
Sir I am from Hindu (OC Caste) I am converted into christianity in the year of June 13th 2003. Am I eligible for B.C c certificate..... If yes... please direct me how to get....
A.CONVERSTION AND CASTE CERTIFICATE SC ST AND OBC
No, if you were from the Scheduled Caste and you (or your parents) converted to Christianity, reservation benefits will not be available to you as per the Constitution of India. Please see below.
THE CONSTITUTION (SCHEDULED CASTES) ORDER, 1950 C.O. 19
4[3. Notwithstanding anything contained in paragraph 2, no person who professes a religion different from the Hindu 5[, the Sikh or the Buddhist] religion shall be deemed to be a member of a Scheduled Caste.]
This provision is not applicable to Scheduled Tribes. Thus an ST person even if she/ he converts to another religion, will continue to be eligible for reservation benefits.
Edit 1
I understand some cases are pending before various courts in India where the petitioner has asked that the reservation benefits should continue to be available on conversion to Christianity and Islam too. As I understand , the petition has a strong standing in law and is likely to be accepted.
Edit 2
I have noticed that of all the answers I have written, this one has had the most viewers. Now the interesting thing is that the Constitution recognises the Hindu caste system ONLY to the extent of providing benefits to the SC/ OBC. There is no other recognition of caste. The ONLY caste certificate the govt issues is that for an SC , ST or OBC. No certificates are issued for upper-castes. But these SC/ OBC benefits cease once a conversion to Islam or Christianity takes place (though the discrimination more or less continues). As I have argued in another answer, this ceasing of benefits is incorrect in law. Please see the link above and also
The way out requires pragmatism. One could enroll in a “ghar wapasi” scheme on the pre-condition that an SC certificate will be made available. Once the certificate is available the “ghar wapasi” to Hinduism can be completed. The certificate will allow allow all SC benefits. Privately any religion can be practiced. Attending church rituals or going to a mosque or taking part in Hindu festivals is not legal proof that a person is a Christian or Muslim or Hindu.
No, if you were from the Scheduled Caste and you (or your parents) converted to Christianity, reservation benefits will not be available to you as per the Constitution of India. Please see below.
THE CONSTITUTION (SCHEDULED CASTES) ORDER, 1950 C.O. 19
4[3. Notwithstanding anything contained in paragraph 2, no person who professes a religion different from the Hindu 5[, the Sikh or the Buddhist] religion shall be deemed to be a member of a Scheduled Caste.]
This provision is not applicable to Scheduled Tribes. Thus an ST person even if she/ he converts to another religion, will continue to be eligible for reservation benefits.
Edit 1
I understand some cases are pending before various courts in India where the petitioner has asked that the reservation benefits should continue to be available on conversion to Christianity and Islam too. As I understand , the petition has a strong standing in law and is likely to be accepted.
Edit 2
I have noticed that of all the answers I have written, this one has had the most viewers. Now the interesting thing is that the Constitution recognises the Hindu caste system ONLY to the extent of providing benefits to the SC/ OBC. There is no other recognition of caste. The ONLY caste certificate the govt issues is that for an SC , ST or OBC. No certificates are issued for upper-castes. But these SC/ OBC benefits cease once a conversion to Islam or Christianity takes place (though the discrimination more or less continues). As I have argued in another answer, this ceasing of benefits is incorrect in law. Please see the link above and also
The way out requires pragmatism. One could enroll in a “ghar wapasi” scheme on the pre-condition that an SC certificate will be made available. Once the certificate is available the “ghar wapasi” to Hinduism can be completed. The certificate will allow allow all SC benefits. Privately any religion can be practiced. Attending church rituals or going to a mosque or taking part in Hindu festivals is not legal proof that a person is a Christian or Muslim or Hindu.
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Rameshwar Dadhe
Responded 3 years ago
A.Please approach any local lawyer he will help you
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