Born Christian Can't Invoke Doctrine Of Caste Eclipse For Revival Of Caste Claiming Reconversion As Hindu : Supreme Court

The Supreme Court noted that an individual born as a Christian cannot invoke the doctrine of eclipse of caste, as the caste system is not recognized in Christianity.

The bench comprising Justice Pankaj Mithal and Justice R. Mahadevan clarified that the doctrine of caste eclipse applies only when a person practising caste-based religion converts to caste-less religion. In such cases, their original caste is considered to remain eclipsed. However, if the such persons reconverts to their original religion during their lifetime, the eclipse is lifted, and the caste status is automatically restored. This however will not apply to a born Christian.

The aforesaid observation from the bench came while dismissing an appeal preferred by the appellant against the Madras High Court decision denying a Scheduled Caste ("SC") certificate to her born as a Christian who claimed to be Hindu while applying for an Upper Division Clerk job in Puducherry.

The appellant stated that she was born to a Hindu father and a Christian mother, both of whom later converted to Hinduism. Citing precedents, including Kailash Sonkar v. Maya Devi (1984), she argued that caste in Hinduism is inherently determined at birth and does not cease to exist upon conversion to another religion. Instead, it remains eclipsed and can be restored upon reconversion to Hinduism, subject to acceptance by the caste or community.

However, the appellant failed to provide credible evidence establishing the fact that she has converted to Hinduism.

The Court rejected the appellant's argument that her caste was in a state of eclipse following her baptism. It also deemed her reliance on the cited precedents to be misplaced. The Court differentiated the facts of the cited cases from the present case, noting that in those instances, the individuals seeking the benefit of the doctrine of eclipse were born Hindu. In contrast, the appellant in this case was born a Christian, a faith that does not recognize the caste system. Therefore, the Court held that the doctrine of eclipse did not apply to her situation.

"The decisions of this Court referred to on the side of the appellant, are of no assistance to the appellant, as the same are factually distinguishable and dealt with by this Court on different aspects. In the present case, the appellant was a born Christian and could not be associated with any caste.", the Court said.

“In any case, upon conversion to Christianity, one loses her caste and cannot be identified by it. As the factum of reconversion is disputed, there must be more than a mere claim. The conversion had not happened by any ceremony or through Arya Samaj. No public declaration was effected. There is nothing on record to show that she or her family has reconverted to Hinduism and on the contrary, there is a factual finding that the appellant still professes Christianity. As noticed above, the evidence on hand is also against the appellant. Therefore, the contention raised on the side of the appellant that the caste would be under eclipse upon conversion and resumption of the caste upon reconversion, is unsustainable in the facts of the case.”, the judgment authored by Justice Mahadevan stated.

In S. Rajagopal v. C.M. Armugam (1968), it was noted that Christianity does not recognize caste distinctions, treating all followers as equals. Globally, Christianity rejects caste-based discrimination or division. The court held that when a person converts from Hinduism to Christianity, their caste under Hinduism remains in eclipse and can be restored upon reconversion to Hinduism, provided they are accepted by their caste community. However, this restoration is not possible for someone born a Christian who later converts to Hinduism.

In Kailash Sonkar v. Maya Devi ((1984), it was held :

'A caste to which a Hindu belongs is essentially determined by birth. When a person is converted to Christianity or some other religion, the original caste remains under eclipse and as soon as during his/her lifetime the person is reconverted to the original religion, the eclipse disappears and the caste automatically revives. However, where it appears that the person reconverted to the old religion had been converted to Christianity since several generations, it may be difficult to apply the doctrine of eclipse to the revival of caste.'

Also From Judgment: Religious Conversion Only To Avail Reservation Benefits Without Actual Belief Impermissible, Fraud On Constitution: Supreme Court

Case Title: C. SELVARANI VERSUS THE SPECIAL SECRETARY- CUMDISTRICT COLLECTOR AND OTHERS

Citation : 2024 LiveLaw (SC) 923

Click here to read/download the judgment