Interpretation of the definition of Scheduled Castes and Scheduled Tribes under the Act and the Constitution, and its application to determine the membership of the victim.

Narayanan Nambiar, J.

On the basis of a statement dated 11-12-1992 in which there are allegations regarding outraging the modesty of a girl, Crime No. 293 of 1992 was registered by the Pattambi police and after investigation, final report was filed before the Sessions Court, Palghat alleging offences under Sections 3(1)(xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short'the Act') and 509 I.P.C. The proceedings are now pending as SC 74 of 1993.

2. Petitioner is the accused in the Sessions Case referred to above. He prays to quash the first charge contained in annexure- a which deals with an offence punishable under Section 3(1)(xi) of the Act. According to him, no offence under the above Section is attracted in view of the fact that the victim is not a member of the Scheduled Caste or Scheduled Tribe. Going by the statement recorded by the investigating officer under Section 161 Cr. P.C., it is seen that her parents originally belonged to Mala-Araya community, which is considered to be Scheduled Tribe in the State of Kerala. But later they embraced Christianity. The victim was born to the parents after they became Christians. So, she can be treated as a Christian by birth. Counsel submits that among the Christians there cannot have Scheduled Castes or Scheduled Tribes and so the victim cannot be treated as a member of the Scheduled Caste or Scheduled Tribe,

3. Scheduled Castes and Scheduled Tribes are described under Section 2(1)(c) of the Act which reads as follows :

"(c) 'Scheduled Castes and Scheduled tribes' shall have the meanings assigned to them respectively under clause (24) and clause (25) of Article 366 of the Constitution." Clause (24) and (25) of Article 366 of the Constitution read as follows

"(24) 'Scheduled Castes' means such castes, races or tribes or parts of or groups within such castes, races, or tribes as are deemed under Article 341 to be Scheduled Castes for the purposes of this Constitution.

(25) 'Scheduled Tribes means such tribes or tribunal communities or parts of or groups within such tribes or tribal communities as are deemed under Article 342 to be Scheduled Tribes for the purposes of this Constitution."

A reading of Article 341 and 342 of the Constitution will be useful in this context. Article 341 reads as follows

"Scheduled Castes - (1) The President may with respect to any Stale after consultation with the Governor thereof, by public notification, specify the castes, races or tribes or parts of or groups within castes, races or tribes which shall for the purposes of this Constitution be deemed to be Scheduled Castes in relation to-that State.

(2) Parliament may be law include in or exclude from the list of Scheduled Castes specified in a notification issued under clause (1) any caste, race or tribe or part of or group within any caste, race or tribe but save as aforesaid a notification issued under the said clause shall not be varied by any subsequent notification."

Article 342 reads as follows:

"Scheduled Tribes : - (1) The President may with respect to any State after conclusion with the Governor thereof, by public notification, specify the tribes or tribal communities or parts of or groups within tribes or tribal communities which shall for the purposes of this Constitution be deemed to be Scheduled Tribes in relation to that State.

(2) Parliament may by law include in or exclude from the list of Scheduled Tribes specified in a notification issued under clause (1) any tribe or tribal community or part of or group within any tribe or trial community, but save as aforesaid a notification issued under the said clause shall not be varied by any subsequent notification."

Under Articles 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 n