LexKAILASH SONKAR versus SMT. MAYA DEVI
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A 176 B c D E F • G H KAILASH SONKAR V .. . SMT. MAYA DEVI December 16, 1983 [S. MuRTAZA FAZAL Au, R.B. ,MISRA AND M.P. THAK"AR, JJ.J Hindu la_w-Whether a Hindu on conversion to another religion loses the original caste. Convertee loses caste unless new religion accepts caste syste1n and pertnits conveTtee tO retain his original cas~e and family laws. During conversion or}ginal caste remains u1ider eclipse_.:.Ec/iys€ Disappears on. reconversion' to original religion. On reconversian to. old religion-Whether' the original caste revive~Factors which determine revfral of odginal caste . . Representation of the People Act-Person born of C!tristia1t parents-J!ducated and known as Christian-Reconverted to HiTidtiism voluntarily-Married a· 1'zemher of scheduled caste-Performed· shudhikaran · ceremony-Acc~pted and welccilned by 1ne1n_bers of· th"at con1n1unity as schedided caste-Whether sµch person can contest state aSs~1nbly election as member 'o sched11led ·caste·from constituency reserved fof!·inembers of scheduled castes. In the nomi.nation ·papers fiJed by the respondent· fOt contesting legislative ~ssembly elections in May. 1980 .from a constituency which wa• resentd for. sche- · duled castes, she descri.bed herself as belonging 'to the sCheduled caste 'Katia'. Severai J?C"rsons raised objection that the respondent, being a'· Christian by birth, could not b6 ·treafed as a member Of the Scheduled caste. The Rsturning Officer rejected the objection <i.nd accepted her ~omillation papers. The respondent won the electi_on defeating the appellant. The appellant having unsucce"ssfully challen- g¢ the election Of the respondent ·in the High Court, aHeged in this appeai that the respondent after being bOrn a Christian \Vas baptised according to .. Cb.ristian ri_tes; her mother's name was "Eiizabetl\; ·her rnarriµ.ge· with Jai Prakash Shalwar, Who be1ongcd.to Katia·castc, wa<> not valid a_nd even on m.rrriage her ·caste could not reviVe because ca,ste was determined not by ma·rriage but by birth. The res- ·porident stated that she was never a- Christian nor was she bcirn a· Christian. She .also averred that eVen her father or mother were not Christians. On the other hand, she alwaYs remained a member of the Katia _caste and was accepted as such by the members of that community because bet: .Qlarriage with Jlti Prakash Shalwar was perfoi'med ac~ording to Hind~ rites· of Aryasa.maj sect arrd waS attended by a n'um~er of 1nemb~rs of her c.istc and due ~ubliCity was given to the. marriag;e. :nismissing the appeal, HELD : It Cannot be said that at ihe time when the respondent filed her nomi.nation papeFS, she was not a merpber of .the Ka~ia caste .. [199 OJ ' A caste to which a Hindu belongs is essentially determined by birth and· if a Hindu is conv~r~ed to Chri~tianity or any other religion which does not·recogtlise • ·• ...._ r !--. - -j (_ ,. ), - _.,, I • KAILASH SONKAR v. ,MAYA ,DEVI . ·177 • caste, the_ Conversion arnou.nts to a loss of the said caStc. Jn considering. whether . on conversion the loss .of the casle is absolutc,.irrevocable so as 'not to revive ~ndcr a~y circu~~.ie'nce .t?e guiding -princiPI_es_ ~r~ ·: (a) ·where a persO_n· .be\Onging to a scheduled caste in converted to Chnst1an1ty or. Islam, the ·same involves loss of the caste unless the religion to· which he is converted is ·liberat e~1ough to permit the c:Onvertec t~ retain his caste or the family· Jaws by 1,vhich he was originally governed. There are a numb.er of cases.where men1hcrs belonging to a particular caste having been converte'd. _tO Christia~ity-.or even to Islam rct3.:ined _th_eir caste or family laws and .despite the new Order th~y wer~ permitted to be governed by their old laws. But this can happen only if the new religion is li.beral and tolerant enough to permft.such a course or· action, ~nd (b) Jn all other _cases; COnversion _to· Christianity or. Tslan1 Or any. oth~r religion Which docs not' accept the cas.te system and "insist<; on re-linquishirig the ca<>te, -there is '.!- loss of caste on .. convcr. sion. [190C-F; 191 B] The nopns and condil;ons undf'·r which a caste could -re.vive on reconversion to the old religion as laid down by·the authorities of the High Courts and this Court .are; (1) where the .convertce exhibits by his 89tions and behaviour his 0 cle<tr inten- · tion of a~juring t~e ne\V r~ligion on hi.S:.ow.n volition\vithout·any persuasion· a
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