Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Ss.3(i) and (xi)-Scheduled Tribe-Effect of conversion-Offence alleged c lo have been committed against a girl of Scheduled Tribe- Plea of accused that since family of !he victim had been converted about 200 years back, provisions of the Act are not attracted-Held, Although as a broad proposition of law it cannot be accepted that merely by change of religion person ceases to be a member of Scheduled Tribe but the question as to whether he ceases to be a member thereof or not must be determined by the appropriate court as such a question would depend upon the fact of each case-In such a situation, it has to be established that a person who has embraced another religion is still suffering from social disability and also following the customs and tradition of the community, which he earlier belonged to--Before a person can be brought within the purview of the Constitution(Scheduled Tribes) Order, 1950, he must belong to a Tribe-A person for the purpose of obtaining the benefits of the Presidential Order must fulfill the condition of being a member of a Tribe and continue to be so--If by reason of conversion to a different religion a long time back, he/his ancestors have not been following the customs, rituals and other traits, which are required to be followed by the members of the Tribe and even had not been following the customary laws of succession, inheritance, marriage etc., he may not be accepted to be a member of the Tribe-In the instant case, it has been con/ended !hat the family of the victim had been converted about 200 years back and in fact the father of the victim married a woman belonging to a Roman Catholic, wherefrom he again became a Roman Catholic-The question, as to whether the family continued to be Scheduled Tribe or not can be gone into only during trial-Case remitted lo the Court of Session-Constitution of India, 1950-Articles 341 and 342-The Constitution(Scheduled Tribes) Order, 1950. |
Judge | Hon'ble Mr. Justice S.B. Sinha Honble Mr. Justice S.H. Kapadia Honble Mr. Justice V.N. Khare |
Neutral Citation | 2004 INSC 63 |
Petitioner | State Of Kerala And Anr |
Respondent | Chandramohanan |
SCR | [2004] 1 S.C.R. 1155 |
Judgement Date | 2004-01-28 |
Case Number | 240 |
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