Caste conversion status
Gulshan Tanwar
(Querist) 06 May 2011
This query is : Resolved
Hindu law-Whether a Hindu on conversion to another religion loses she original caste. Converted loses caste unless new religion accepts caste system and permits converted to retain his original caste and family laws. During conversion original caste remains under eclipse- Eclipse disappears on reconversion to original religion. On reconversion to old religion-Whether the original caste revives-Factors which determine revival of original caste. Representation of the People Act-Person born of Christian parents-Educated and known as Christian- Reconverted to Hinduism voluntarily-Married a member of scheduled caste-Performed shudhikaran ceremony-Accepted and welcomed by member of that community as scheduled caste- Whether such person can contest state assembly election as member of scheduled caste from constituency reserved for members of scheduled castes.
Gulshan Tanwar
(Querist) 06 May 2011
guiding principles are: (a) Where a person belonging to a scheduled caste in converted to Christianity or Islam, the same involves loss of the caste unless the religion to which he is converted is liberal enough to permit the convertee to retain his caste or the family laws by which he was originally governed. There are a number of cases where members belonging to a particular caste having been converted to Christianity or even to Islam retained their caste or family laws and despite the new order they were permitted to be governed by their old laws. But this can happen only if the new religion is liberal and tolerant enough to permit such a course of action, and (b) In all other cases, conversion to Christianity or Islam or any other religion which does not accept the caste system and insists on relinquishing the caste, there is a loss of caste on conversion.
Gulshan Tanwar
(Querist) 06 May 2011
authorities of the High Courts and this Court are: (1) where the convertee exhibits by his actions and behaviour his clear intention of abjuring the new religion on his own volition without any persuasion and is not motivated by any benefit or gain, (2) where the community of the old order to which the convertee originally belonged is gracious enough to admit him to the original caste either expressly or by necessary intendment, and (3) Rules of the new Order in permitting the convertee to join the new caste.
Gulshan Tanwar
(Querist) 06 May 2011
(1) that the respondent was born of Christian parents and was educated in various schools or institutions where she was known as a Christian; (2) that 3- 4 years before the election, the respondent was reconverted to Hinduism voluntarily and married Jai Prakash Shalwar, a member of the Katia caste, and also performed the shudhikaran ceremony; (3) that she was not only accepted but also welcomed by the important members, including the President and Vice-President, of the community; (4) there is no evidence to show that there was any bar under the Christian religion which could have prevented her from reconverting herself to Hinduism; and (5) that there was no evidence to show that even her parents had been Christians from generation to generation. In these circumstances, therefore, this case fulfills the conditions required for being reconverted to Hinduism from Christianity in order to revive the original caste.
Isaac Gabriel
(Expert) 08 May 2011
In the given circumstances,the indivdual is elgible to be considered as the member of the scheduled caste.
