Bombay High Court Rules SC/ST Act Inapplicable After Conversion To Islam
The Bombay High Court in Mumbai has ruled that the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act is not applicable to a complainant who converted to Islam prior to the alleged incident. Justice Vrushali Joshi passed the order on June 25, discharging the complainant's brother-in-law and sister-in-law from the SC/ST Act charges while directing them to face trial for Indian Penal Code (IPC) offences.
The case arose from a family dispute where the complainant alleged that her brother-in-law and sister-in-law assaulted her, used caste-based slurs, and trespassed into her house. According to the prosecution, the dispute began after the complainant asked the accused to maintain cleanliness in the house, use less water, and keep the toilet clean.
An FIR was subsequently registered under various provisions of the IPC, the SC/ST Act, and the Mumbai Police Act.
The accused challenged a special court's refusal to discharge them, taking the matter to the High Court. Defense advocate Satyavrat Joshi argued that the complainant had converted to Islam at the time of her marriage and changed her name. Citing the Supreme Court's ruling in Chinthada Anand v. State of Andhra Pradesh, the defense contended that she could not invoke the Atrocities Act.
The prosecution conceded that the SC/ST Act might not apply after the complainant's conversion in light of the Supreme Court judgment, but argued that the IPC offences should still stand.
In her ruling, Justice Joshi noted that the complainant admitted in a supplementary statement that she had converted to Islam, changed her name, and had been professing the Muslim faith.
The court observed that once the complainant converted to and started professing the Muslim faith, the Scheduled Caste status she previously enjoyed stood "eclipsed" in law. Consequently, the provisions of the SC/ST Act could not be attracted.
However, the High Court found that the material on record disclosed a prima facie case under the IPC. The court discharged the applicants from the SC/ST Act and the Mumbai Police Act charges, but ordered that the trial proceed for the remaining IPC offences, including assault and trespass.
