Principle of “Definitive Traceability"

The Supreme Court today laid down the the principle of “definitive traceability” in order to establish that his forefathers belonged to the scheduled caste that comes within the Constitution (Scheduled Castes) Order, 1950 .

K.P. Manu v. Chairman, Scrutiny Committee for Verification of Community Certificate
CIVIL APPEAL No. 7065 OF 2008

Judgment Dated : 26/02/2015

CORAM : Dipak Misra .J , V. Gopala Gowda .J

Brief Facts of the case :

The appellant got married to a Christian lady and that has been held against him.

ISSUE INVOLVED :
Whether on conversion and at what stage a person born to Christian parents can, after reconversion to the Hindu religion, be eligible to claim the benefit of his original caste.

Observation :

As far as marriage is concerned, in our considered opinion, that should not have been considered as the central and seminal facet to deny the benefit. When the community has accepted and the community, despite the marriage, has not ex-communicated or expelled, the same would not be a disqualification.

CATCHPHRASE:

Three things that need to be established by a person who claims to be a beneficiary of the caste certificate:
(i) There must be absolutely clear cut proof that he belongs to the caste that has been recognised by the Constitution (Scheduled Castes) Order, 1950;
(ii) There has been reconversion to the original religion to which the parents and earlier generations had belonged; and
(iii) There has to be evidence establishing the acceptance by the community.

[Each aspect according to the court is very significant, and if one is not
substantiated, the recognition would not be possible. ]

Observation : It is the community which has the final say as far as acceptance is concerned, for it accepts the person, on reconversion, and takes him within its fold. Therefore, we are inclined to hold that the appellant after reconversion had come within the fold of the community and thereby became a member of the scheduled caste. Had the community expelled him the matter would have been different.