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Veijay   23 May 2021

Whichi certificae he/she holds if a backward class caste changes his religon

As per Constitution.Chrisitanity, Muslim, Sikh,Budhist, Jain and Parsis are the minorities and they have their spection reservation...

If a BC-B category person is willing to change his religion will he remains his reservations as BC-B or will he get minority status and benefits..?


Learning

 4 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     23 May 2021

The Reservation system in India is not completely dependent on Religion, it also depends on Caste, financial status of the person.

Other Religions except Hindu are considered minorities in India and can avail Reservations such as Low qualifying mark in competitive exams, waiver in college fees or reduction in total sum, percentage in government jobs ..etc. These reservations are in control of state law control and can be implemented according to needs or demands.

aditi srivastava   23 May 2021

respected sir 

In the past  the A.P State Christian Minority Finance Corporation (APSMFC) which sent the proposal to the Telangana and Andhra Pradesh government on this issue. The GO issued was made by the recommendations of the State Harijans and the government to resolve the benefits to SC converts to Christianity and Buddhism. Also the Ministry of Welfare proposed in a note for Cabinet dated 6.3.1996.to safeguard benefits of SCs converts to Christianity  but the bill could not be introduced.

However, the Supreme Court sought the views of the National Commission for Scheduled Castes (NCSC) and the National Commission of Religious and Linguistic Minorities(NCRLM) and reviewed both the petitions filed against and in the favour of extending the benefits of reservations who have converted their religions. The demand was opposed by many quarters including the SC/ST Commision, according to them they cannot enjoy two rights simultaneously .

According to the Constitution order of 1950 

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.

regards

Veijay   31 May 2021

Thank you very much for your kind suggestion Mr.Aditi Srivastava Garu..... You have explained about SC persons who converted to Christianity may lose their reservations as per Constitution (Scheduled Caste) Standard Act, 1950... the 3 rd point .....

 

But what I need is whether the BC-B person changes his religion, will he get the minority status or remians his reservation as BC-B... ???

P. Venu (Advocate)     04 June 2021

Why "if" - is there any issue? If so, please post the facts.


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