By MM News,
New Delhi : The Supreme Court recently passed an important judgment in which it said that a person can change his religion but not his caste because caste is linked to birth. This judgment came in the case of Mohammed Sadique who was a Muslim of ‘Doom’ schedule caste. He had converted to Sikhism and was accepted by the Sikh community. After his conversion he contested election from a constituency reserved for Scheduled Castes in Punjab and won. This was challenged in the High Court of Punjab and Haryana citing that as a Sikh now Sadique no more held the right to contest as a schedule caste. The election petition challenging Sadique’s candidature was entertained by the High Court. However the Supreme Court bench comprising Justice Ranjan Gogoi and Justice Prafulla C. Pant overturned it and maintained that Sadique’s conversion from Islam to Sikhism did not change his caste because caste is related to birth.
Passing the judgment the Supreme Court made the following observations:
“Admittedly the appellant was born to Muslim parents. However, he has proved that although his family members follow Islam, they belonged to “Doom” community. It is proved on the record that the appellant was issued a caste certificate as he was found to be member of ‘Doom’ community by the competent authority, after he declared that he has embraced Sikhism, and he was accepted by the Sikh community……….It is not disputed that ‘Doom’ in Punjab is a Scheduled Caste under Constitution (Scheduled Castes) Order, 1950. The Scheduled Caste Certificate No. 6149 dated 25.08.2006 (Exh PG/2) was issued to the appellant by the competent authority, and accepted by the returning officer. Said certificate appears to have not been canceled…….Change one’s name after embracing a different faith. However, such change in name of can be a corroborating fact regarding conversion or reconversion into a religion/faith in appropriate cases. Also it is not necessary in law that entire family of a person should convert or reconvert to the religion to which he has gone.”
While delivering the judgment the Supreme Court referred to the case of Kailash Sonkar vs Maya Devi where a woman born of Christan parents had reconverted to Hinduism. It also referred to the case of K.P. Manu v. Scrunity Committee for Verification of Community Certificate, in which it was declared by the court that a individual is eligible for SC/ST status even after re-conversion, provided there is evidence of his acceptance by the community.
mohf.sadique m.l.a election is being upheld by Supreme Court as converted Sikh. Scheduled caste reservation is provided to hindu,sikh and bodh Dalit community members whereas Muslim and Christian Dalits are left high and dry and are not given any quota benefits.In 1951 Supreme Court of India in state of madras vs Srimathi champam doran an in its judgement ruled that no reservation is to be given on caste and religion basis as it is opposed to constitution and fundamental rights.but g.o.i did not care for Supreme Court rather president of India issued scheduled caste order1950 in which para 3 state s that only those who profess Hindu Sikh and bodh religion are deemed to be scheduled caste.In 1976 an amendment in Indian constitution was made and in its preamble secular and socialist words were added but in reality Reservation to scheduled caste is provided on religion basis. It is violation of constitution article 14article15 ,16,19 and 25.senior advocate mr. Parshantbhushan has filed a pil on discrimination to Muslim and Christian Dalits in scheduled caste reservation apart from recommendation of justice Rang Nath mishra recommendation to include Muslim and Christian Dalits in sc reservation .but this very petition has not been come out for hearing in Supreme Court until now. In another petition no 13 of 2008 g.o.i had not submitted an affidavit in Supreme Court in which govt.was supposed to reply why Dalit Muslim and Christian castes are denied reservation benefit.will I say that govt. shows discrimination towards Muslim andch Christian. Dalits.though no reservation is to be provided on caste. And religion basis then why hindu Sikh and bodh Dalits are provided reservation.It is good that one ca change his religion and avail benefit but scheduled caste reservation should not be based on religion.supreme court should do justice with Christian dalit Muslims .