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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
L. VICTORIA GOWRI
V. Iyyappan – Appellant
Versus
District Collector/Inspector of Panchayats, Kanyakumari – Respondent
ORDER :
Prelude :-
Pope John Paul II, on 7th November 1999, held a mass for an approximately 70,000 members of India's Christian Minority in New Delhi Sports Stadium, where he infamously said “Just as the first Millennium saw the cross firmly planted in the soil of Europe and the second in that of America and Africa, so may the third Christian Millennium witness a great harvest of faith on this vast and vital Continent.”
2. Having witnessed a great harvest of faith in the districts of Kanyakumari, Tuticorin and Tirunelveli of the State of Tamil Nadu, the instant case reflects the socio-political complications encountered by those converts from the Scheduled Caste community, who have embraced Christianity. Unravelling the complexities of conversion has become necessary for the purpose of solving the legal problem, which has stemmed up from the great harvest of faith in the district of Kanyakumari. In my attempt to analyze the lis in hand syllogistically, the evolution of law with respect to Christian marriages in India, crystallises into the major premise - “The marriages of persons professing the Christian religion, is solemnized under the Indian Christian Marriage Act, 1872”.
3. An ab
Conversion to Christianity results in loss of Scheduled Caste status; personal identity shifts following marriage under the Indian Christian Marriage Act.
Conversion to Christianity results in the loss of caste status; reconversion requires proof of acceptance by the original community.
Caste status determined by birth cannot be altered by inter-religious marriage, necessitating proper inquiry to reassess community eligibility for reservations.
Religious conversion does not permit an individual to claim caste benefits under law, and statements under Section 161 Cr.P.C. are not considered formal evidence in court.
Conversion from Hinduism to Christianity disqualifies individuals from Scheduled Caste status, impacting eligibility for caste-based benefits.
(1) Scheduled Caste – No person who professes a religion other than Hindu, Sikh or Buddhist shall be deemed to be a member of a Scheduled Caste – This bar under Clause 3 of Constitution (Scheduled Ca....
Caste identity is determined by birth and cannot be altered by marriage; however, renouncing a caste is possible if recognized by the community.
A converted Christian cannot invoke the SC ST (Prevention of Atrocities) Act as they cease to be a member of the Scheduled Caste community upon conversion.
Only a person belonging to Scheduled Caste and Scheduled Tribe can invoke provisions of SC, ST (Prevention of Atrocities) Act – Caste system is alien to Christianity – Having converted to Christianit....
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