Civil Appeal No 544 of 1981
From the Judgment and Order dated 23rd December 1980 of the Madras High Court at Madras in Election Petition No 1 of 1980
Dr YS Chitale PN Ramalngam and ATM Sampath for the Appellant
MC Bhandare K Rajendra Chowdhary and KS Chowdhary for the Respondents
AV Rangam for the Respondent No 7
975 The Judgment of the Court was delivered by CHINNAPPA REDDY J
3 26 112 adult men and women voters of Rasipuram Parliamentary Constituency reserved for the Scheduled Castes accepted the candidature of the first Respondent B Devarajan for the reserved seat apparently considered him as a member of the Scheduled Castes voted for him and elected him to the Lok Sabha by a convincing majority of nearly sixty thousand votes at the election held in January 1980
And it was not the first time
He was in fact a sitting member of the Lok Sabha having been elected from the same reserved constituency at the previous general election also But the verdict of the people was not sufficient for the appellant section Anbalagan who secured 176240 votes in the January 1980 poll and lost the election
He wanted the verdict of an Election Tribunal on the question whether the respondent was a Charistian and not a member of the Scheduled Castes as claimed by him
So he filed an election petition questioning the election on that ground
The Election Tribunal on an eleborate consideration of the evidence held that the appellant belonged to the Scheduled Castes and on that finding upheld the election
Anbalagan has preferred this appeal
Dr Chitale learned counsel for the appellant canvassed the finding of the Election Tribunal that the respondent was a Hindu Adi Dravida and therefore a member of the Scheduled Castes
He argued that the parents and the sisters of the respondent were shown to be Christians and the respondent though obviously a Christian himself was pretending to be a member of the Scheduled Castes for the purpose of gaining some advantages
He invited our attention to the Baptismal certificate and certain other documents and urged that the Respondent was born a Christian and there was no way he could acquire a caste and become an Adi Dravida on conversion to Hinduism
In order to properly appreciate the questions involved it is necessary first to understand the legal position in regard to caste status on conversion or reconversion to Hinduism
In Administrator General of Madras vs Anandachari  Others1 a learned single Judge of the Madras High Court held that the conversion of a Hindu Brahmin to Christianity rendered him according to Hindu Law an out caste and degraded
It was also observed that the degradation might be atoned for and the convert readmitted to his status as a Brahmin if he at any time during his 976 life renounced Christianity and performed the rites of expiation enjoined by his caste
In Muthusami Mudaliar  Anr
vs Masilamani  Others1 Shankaran Nair J explained at length the process of formation of castes and also pointed out how simple the matter of reconversion to Hinduism was when a Hindu changed his religion and later reverted back to Hinduism
In Gurusami Nadar vs Irulappa Konar2 Varadachariar J explained the observations made in certain cases by Ananta Krishna Iyer J about the necessity of expiatory ceremonies for reconversion to Hinduism and pointed out that in those cases the alleged reconversion was into the Brahmin community of Hindus and it was possible to suggest that certain vedic rites would have been adopted in such cases
Expiatory ceremonies it was further pointed out would be necessary if such was the practice of the community and not otherwise
One had therefore only to look to the sense of the community and no more
In Ramayya vs Mrs Josephine Elizabeth3 Venkatasubba Rao OCJ and Venkataramana Rao J approved the observations of Varadachariar J and thought it unnecessary to pursue the matter further
Mookett and Krishnaswami Ayyangar JJ
in Goona Durgaprasad Rao vs Sudarsanaswami4 observed that a convert from the Baliji caste to Christianity on reconversion went back into the fold of the Baliji community and where there was no evidence about the necessity for expiatory ceremonies it was hardly right for the court to erect a barrier which the autonomy of the caste did not require simply because in some other community expiatory ceremonies were thought necessary
In Rajagopal vs Armugam and others5 the appellant was elected from a constituency reserved for members of the Schedule Castes and the election was questioned on the ground that he was not a Hindu but a Christian and that he was not qualified be elected from a constituency reserved for the Scheduled Castes
The 977 court found that the appellant had become a Christian in 1949 and that from about 1967 onwards he certainly started professing the Hindu religion
The court however held that the appellant had lost his Adi Dravida Hindu caste on embracing Christianity and on the evidence before the court it was not possible to hold that he had regained his caste on reconversion to Cinduism
The general question whether membership of a caste could be acquired by conversion or reconversion to Hinduism was not decided in the case Rajagopal who succeeded at the election held in 1967 but whose election was set aside on the ground that he was a Christian and not a member of the Scheduled Castes and Armugam who lost the election in 1967 but successfully challenged the election of Rajagopal by way of an election petition vide Rajagopal vs Armugam1 referred to in the previous paragraph were again contestants at the election held in 1972 from the same constituency reserved for members of the Scheduled Castes Rajgopal was again Successful in the election
His election was once more impeached by Arumugam
But this time Rajgopal farred better
His election was upheld first by the High Court and then by the Supreme Court  The Supreme Court held that the Question whether Rajagopal embraced Christianity in 1949 and whether he was reconeverted to Hinduism was concluded by the earlier dectsion of the court
The view of the High Court ie the immediate case before them that on reconversion to Hinduism he could revert to his original caste if he was accepted as such by the other members of the caste was accepted as correct On the evidence it was found that after reconversion to Hinduism he was recognised and accepted as a member of the Adi Dravida Hindu caste by the other members of the community
The court consisting of Chandrachud J as he then was Bhagwati and Sarkaria JJ
noticed that it was not an infrequent phenomenon in South India for a person to continue to be regarded as belonging to his original caste even after conversion to Christianity The decisions of the High Court of Andhra Pradesh in Kothapalli Narasayya vs Jammana Jogi and K Narasimha Reddy vs
G Bhupatti were noticed
It was then observed It cannot therefore be laid down as an absolute 978 rule uniformly applicable in all cases that whenever a member of a caste is converted from Hinduism to Christianity he loses his membership of the caste
It is true that ordinarily that on conversion to Christianity he would cease to be a member of the caste but that is not an invariable rule
It would depend on the structure of the caste and its rules and regulations
There are castes particularly in South India where the consequence does not follow on conversion since such castes comprise from Hindus and Christians
The learned Judges than proceeded to consider the question whether Rajagopal could once again become a member of Adi Dravida caste even if it was assume that he had ceased to be such on conversion to Christianity
After referring to the Madras cases already noticed by us earlier it was held These cases show that the consistent view taken in this country from the time Administrator General of Madras vs Anandachari was decided that is since 1886 has been that on reconversion to Hinduism a person can once again become a member of the caste in which he has born and to which he belonged before conversion to another religion if the members of the caste accept him as a member
There is no reason either on principle or on authority which should compel us to disregard this view which has prevailed for almost a century and lay down a different rule on the subject
If a person who has embraced another religion can be reconverted to Hinduism there is no rational principle why he should not be able to come back to his caste if the other members of the csste are prepared to readmit him as a member
It stands to reason that he should be able to come back to the fold to which he once belonged provided of course the community is willing to take him within the fold    
A Mahar or a Koli or a Mala would not be recognised as anything but a Mahar or a Koli or a Mala after reconversion to Hinduism and he would suffer from the same social and economic disabilities from which he suffered before he was converted to another religion
It is therefore obvious that the object and purpose of the Constitution Scheduled Castes 979 order 1950 would be advanced rather than retarded by taking the view that on reconversion to Hinduism a person can once again become a member of the Scheduled Caste to which he belonged prior to his conversion
We accordingly agree with the view taken by the High Court that on reconversion to Hinduism the 1st respondent could once again revert to his original Adi Dravida caste if he was accepted as such by the other members of the cast In Perumal Nader vs Ponnuswami1 the question arose whether Annapazham daughter of an Indian Christian and herself a Christian by birth
could be converted to Hinduism without the performance of any expiatory ceremonies  The court held that formal ceremony of purification or expiation was unnecessary
It was observed A person may be a Hindu by birth or by conversion
A mere theoretical allegiance to the Hindu faith by a persion born in another faith does not convert him into a Hindu nor is a bare declaration that he is a Hindu sufficient to convert him to Hinduism But a bona fide intention to be converted to the Hindu faith accompanied by conduct unequivocally expressing that intention may be sufficient evidence of conversion
No formal ceremony of purification or expiation is necessary to effectuate conversion
 All the cases so far considered are from South India
To conclude the discussion we may also refer to Vermani vs Vermani2 and Ghatturbhuj Vithaldas Jasani vs Moreshwer Parashram  others3 both of which are cases from elsewhere
In Virmani vs Virmani a Full Bench of the Lahore High Court following the decision of the Madras High Court in ILR 1940 MADRAS 653 held that it was not necessary for a Hindu convert to Christianity to undergo any expiatory ceremonies before he could revert to his original religion
His conduct and the circumstance that 980 he was received by his community were sufficient to establish his reversion to Hinduism
In Chatturbhnj s case a question arose whether a member of the Mahar caste which was one of the Scheduled Castes continued to be a member of the Mahar caste despite his conversion to the tenets Mahanubhava Panth a sect the founder of which repudiated the caste system and a multiplicity of Gods
Bose J after noticing the complexities brought in the train of conversion observed Looked at from the secular point of view there are three factors which have to be considered 1 the reactions of the old body 2 the intentions of the individual himself and 3 the rules of the new order
If the old order is tolerant of the new faith and sees no reason to outcaste or ex communicate the convert and the individual himself desires and intends to retain his old social and political ties the conversion is only nominal for all practical purposes and when we have to consider the legsl and political rights of the old body the views of the new faith hardly matter
The new body is free to ostracise and outcaste the convert from its fold if he does not adhere to its tenets but it can hardly claim the right to interfere in matters which concern the political rights of the old body when neither the old body nor the convert is seeking either legal or political favours from the new as opposed to purely spiritual advantage
On the other hand if the convert has shown by his conduct and dealings that his break from the old order is so complete and final that he no longer regards himself as a member of the old body and there is no reconversion and readmittance to the old fold it would be wrong to hold that he can nevertheless claim temporal privileges and political advantages which are special to the old order
 Bose J found that whatever the views of the founder of the Mahanubhava sect night have been about caste it was evident that there had been no rigid adherance to them among his followers in later years
They had either changed their view or they had not been able to keep a tight enough control over converts who choose to retain their old caste customs
On a consideration of the evidence it was 981 found that the convert from the Mahar caste retained his caste even after conversion
These precedents particularly those from South India clearly establish that no particular ceremony is prescribed for conversion to Hinduism of a person who had earlier embraced another religion
Unless the practice of the caste makes it necessary expiatory rites need be performed and ordinarily he regains his caste unless the community does not accept him
In fact it may not be accurate to say that he regains his caste it may be more accurate to say that he never lost his caste in the first instance when he embraced another religion
The practice of caste however irrational it may appear to our reason and however repugnant it may appear to our moral and social science is so deep rooted in the Indian people that its mark does not seem to disappear only conversion to a different religion
If it disappears only to reappear on reconversion
The mark of caste does not seem to really disappear even after some generations after conversion
In Andhra Pradesh and in Tamil Nadu there are several thousands of Christian families whose forefathers became Christians and who though they profess the Christian religion nonetheless observe the practice of Caste
There are Christian Reddies Christian Kammas Ceristian Nadars Christian Adi Andhras Christian Adi Dravidas and so on
The practice of their caste is so rigorous that there are intermarriages with Hindus of the same caste but not with Christians of another caste
Now if such a Christian becomes a Hindu surely he will revert to his original caste if he had lost it at all
In fact this process goes on continuously in India and generation by generation lost sheep appear to return to the casts fold and are once again assimilated in that fold
This appears to be particularly so in the case of members of the Scheduled Castes who embrace other religions in their quest for liberation but return to their old religion on finding that their disabilities have clung to them with great tenacity
We do not think that any different principle will apply to the case of conversion to Hinduism of a person whose fore fathers had abandoned Hinduism and embraced another religion from the principle applicable to the case of reconversion to Hinduism of a person who himself had abandoned Hinduism and embraced another religion
Now what are the facts of the present case  The birth extract of the first respondent Devarajan shows that his parents as Hindu Adi Dravidas
Through out his educational career he was treated as a Hindu student belonging to the Scheduled Castes and was 982 awarded scholarships on that basis
The school records relating to his children also show them as Hindu Adi Dravidas
On one occasion in the admission register of a school he was wrongly shown as Adi Dravida Christian but it was corrected as Adi Dravida as far back as in 1948
He never attended a church
On the other hand there is acceptable evidence to show that he was offering worship to Hindu deities in Hindu temples and that his marriage was performed according to Hindu custom and rites
Our attention was however drawn to the finding of the Tribunal that the sisters of the first respondent professed Christianity as revealed by their service registers
Our attention was further invited to certain evidence indicating that the parents of the first respondent had become Christians and that the first respondent himself had been baptised when he was seven months old
Even assuming that the parents and sisters of the first respondent had become Christians and that the first respondent himself had been baptised when he was seven months old we see no difficulty in holding on the evidence in the case that the first respondent had long since reverted to Hinduism and to the Adi Dravida caste
There is not a scrap of acceptable evidence to show that he ever professed Christianity after he came of age
On the other hand every bit of evidence in the case shows that from his childhood he was always practising Hindism and was treated by everyone concerned as an Adi Dravidh
There is then the outstanding circumstance that the voters of the Rasipuram Parliamentary Constituency reserved for the Scheduled Castes accepted his candidature for the reserved seat and elected him to the Lok Sabha twice
We have no doubt whatsoever that at all relevant times he was a Hindu Adi Dravida and professed no religion other than Hinduism
The case was rightly decided by the Election Tribunal and the appeal is accordingly dismissed with costs
HSK Appeal dismissed


Summary:
The first respondent was elected to the Lok Sabha from a constituency which was reserved for the Scheduled Castes The appellant challenged the election of the first respondent on the ground that he was not a member of the Scheduled Castes
The election Tribunal found that the first respondent belonged to the Scheduled Caste and upheld the election
Hence this appeal
The appellant urged that the parents and the sisters of the respondent were shown to be Christians and the respondent was born a Christian and there was no way he could acquire a caste and become an Adi Dravida on conversion to Hinduism
Dismissing the appeal
 HELD At all relevant time the first respondent was a Hindu Adi Dravida and professed no religion other than Hinduism
The precedents particularly those from South India clearly establish that no particular ceremony is prescribed for reconversion to Hinduism of a person who had earlier embraced another religion
Unless the practice of the Caste makes it necessary no expiatory rites need be performed and ordinarily he regains this caste unless the community does not accept him
In fact it may not be accurate to say that he regains his caste it may be more accurate to say that he never lost his caste in the first instance when he embraced another religion
The practice of caste however irrational it may appear to our reason and however repugnant it may appear to our moral and social sense is so deeprooted in the Indian people that its mark does not seem to disappear on conversion to a different religion
If it disappears it disappears only to re 974 appear on reconversion
The mark of caste does not seem to really disappear even after some generations after conversion
981A C Administrator General of Madras vs Anandachari  Ors
ILR 9 MADRAS 466 Muthusami Mudalia  Anr
vs Masilamani  Ors
ILR 33 MADRAS 342 Gurusami Nadar vs Irulappa Konar  Ramayya vs Mrs Josephine Elizabeth AIR 1937 MAD 172 Goona Durgaprasad Rao vs Sudarsanaswami ILR  Rajgopal vs Armugon  Ors
1969 I SCR 254 Rajgopal vs Armugam 1969 I SCR 254 Perumal Nadar v Ponnuswami 1971 I SCR 49 Vermani vs Vermani AIR 1943 LAHORE 51 and Chatturbhuj Vithaldas Jasani vs Moreshwer Parashram  Ors1954 SCR 817 referred to
In the instant case the birth extract of the first respondent shows his parents as Hindu Adi Dravidas
Through out his educational career he was treated as a Hindu student belonging to the Scheduled Castes and was awarded scholarships on that basis
The school records relating to his children also show them as Hindu Adi Dravidas
He never attended a church
On the other hand there is acceptable evidence to show that he was offering worship to Hindu deities in Hindu temples and that his marriage was performed according to Hindu custom and rites
Even assuming that the parents and sisters of the first respondent had become Christians and that the first respondent himself had been baptised when he was seven months old there is no difficulty in holding on the evidence in the case that the first respondent had long since reverted to Hinduism and to the Adi Dravida Caste
There is not a scrap of acceptable evidence to show that he ever professed Christianity after he came of age On the other hand every bit of evidence in the case shows that from his childhood he was always practising Hinduism and was treated by everyone concerned as an Adi Dravida
There is then the outstanding circumstance that the voters of the Constituency reserved for the Scheduled Castes accepted his candidature for the reserved seat and elected him to the Lok Sabha twice
891H 892A E