The status of scheduled tribes is not based on religion but on the community and region they inhabit, and conversion to Christianity does not deprive the individual of their scheduled tribe status.

This petition is filed by the accused in Crime No. 39/95 registered by Panangad police alleging offence punishable under S. 3(1)(x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 to quash the FIR under S. 482 of the Code of Criminal Procedure.

2. The crime is registered against the petitioners on the basis of the complaint filed by the third respondent before the Circle Inspector of Police, Tripunithura and forwarded by him to the Sub Inspector of Police, Panangad for appropriate action. The allegation made against the petitioners is that the petitioners who do not belong to the scheduled caste or scheduled tribe with intent to insult and humiliate the third respondent who is a member of scheduled tribe have abused him by calling his scheduled tribe name" in public view and thereby they have committed the offence under S. 3(1)(x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act.

3. The petitioners have filed this petition to quash the FIR alleging that the third respondent does not belong to scheduled tribe and that no ingredients of the offence punishable under S. 3(1)(x) of the Act is alleged in the F.I. statement and that mere calling the caste name or the tribal name will not constitute an offence punishable under S. 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

4. The case of the third respondent is that he belongs to Mala Arayan community which is a scheduled tribe. The petitioners vehemently contended that the third respondent is a Christian which faith does not recognise any caste system. Therefore, the third respondent does not come within the ambit of scheduled castes and scheduled tribes (prevention of Atrocities) Act. The third respondent contended that though the status of the members belonging to the scheduled castes is determined on the basis of their caste, the status of the members of scheduled tribe is not determined on the basis of the caste or religion they profess, but by virtue of the tribe and the region they inhabit. Therefore, according to him, the profession of faith or change of religion do no have any impact on the status of the members of scheduled tribes as in the case of the member of scheduled castes.

5. The fact that third respondent is a follower of christianity is not in dispute. Therefore, the petitioners contended that though the third respondent had enjoyed the status of scheduled tribe while he was professing Hindu religion, by conversion into Christianity he lost that status and became a member of Christianity which does not recognise any caste system. In support of the contention that a person converted from Mala Raya tribe into Christianity cannot be treated as a member of scheduled caste or scheduled tribe, the petitioners relied upon the decision of a single Judge of this Court in Chandramohanan v. S.I. of Police, 1996 (1) KLT 766 : (1996 AIHC 5513) wherein it has been observed as follows (at page 5514 of AIHC) :

"Under Arts. 341 and 342 of the Constitution, list of Scheduled Castes and Scheduled Tribes are published in relation to the State of Kerala. Going by the list, it is seen that "Mala Arayans' are treated as Scheduled Tribes. But Mala Arayans, who are converted into Christianity, are not treated as members of the Scheduled Caste or Scheduled Tribe."

6. In that case the victim was a born Christian since their parents who originally belonged to Mala Araya community which was considered to be a scheduled tribe in the State of Kerala embraced Christianity and she was born to them after they became Christians. So the learned single Judge of this Court found that she can be treated only as a Christian by birth and as Christianity does not recognise any caste system or scheduled castes and scheduled tribes, they cannot be treated as members of the scheduled castes or scheduled tribes.

7. Apart from stating that Mala Arayans who converted into Christianity are not