Conversion to Christianity results in loss of Scheduled Caste status; personal identity shifts following marriage under the Indian Christian Marriage Act.

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 abstract thinking into the major premise gives way to the minor premise as: “The marriage between the fourth respondent Mrs.V.Amudharani, who hailed from Hindu Pallan Scheduled Caste community and her husband Thiru.A.Vincent was solemnized as per Christian rites and customs as mandated under the Indian Christian Marriage Act, 1872, on 27.10.2005, at the St.Antony Church, Kulasekharamputtoor, Ramapuram Parish, Theroor diocese”.

4. The conclusion which follows from the legal reasoning of the aforesaid major and minor premises is that “therefore Mrs.V.Amudharani, wife of Thiru.A.Vincent (who do not hail from SC community) is a Christian.”

Issues:-

Factual matrix:-

5. This Writ Petition is filed, seeking to direct the respondents 1, 2, 3 to declare the 4^th respondent as disqualified from the post of the Chairman of the Theroor Town Panchayat, Agastheeswaram Taluk, Kanyakumari District, based on the petitioner's representation dated 17.04.2023.

6. The said representation was made by the writ petitioner, seeking to disqualify the 4^th respondent as Councillor under Section 50 (1) (ddd) of the Tamil Nadu District Municipalities Act, 1920. The writ petitioner contested in the Tamil Nadu Urban Local Body Election in 2022, as DMK party candidate and was elected as the member of the Theroor Town Panchayat from Ward 8, which was reserved for Scheduled Caste (general). The 4^th respondent contested as AIADMK party candidate from Ward 2, which was reserved for women (general) and she was also elected. As per the Government Order in G.O.Ms.No.12, Municipal Administration and Water Supply (Election Department) dated 17.01.2022, the post of the Chairman of the Theroor Town Panchayat was reserved for Scheduled Caste (general). The indirect election for the post of the Chairman of the Theroor Town Panchayat was held on 14.03.2022. While the petitione