AIR 2004 SUPREME COURT 1672 ::2004 AIR SCW 1064 ::2004 AIR - Jhar. H. C. R. 1035 ::(2004) 2 BomCR(Cri) 56 ::(2004) 1 CurCriR 193 ::(2004) 2 AllCriR 1554 ::2005 CriLR(SC&MP) 568 ::2004 SCC(Cri) 818 ::2004 (3) SCC 429 ::2004 (1) RecCriR 845 ::(2004) 1 Sim LC 451 ::(2004) 2 Scale 256 ::2004 All CJ 2 1059 ::2005 CriLR(SC MAH GUJ) 568 ::(2004) 1 ALD(CRL) 623 ::2004 (2) AllCriLR 416 ::2004 (1) ACE 717 ::2004 CalCriLR 345 ::2004 (1) CalLJ 239 ::2006 (2) EastCriC 121 ::2004 (1) Ker LT 1101 ::(2004) 1 JCJR 166 (SC) ::(2004) 1 KHCACJ 644 (SC) ::2004 (1) KHCACJ 644 ::2004 (27) OCR 810 ::2004 (1) SLT 866 ::2004 (1) ChandCriC 215 ::2004 (1) LRI 621 ::2004 (2) Crimes 60 ::2004 (1) Supreme 1082 ::2004 All MR(CRI) 1137 ::(2004) SC Cr R 935 ::(2004) 2 JT 418 (SC) ::2004 (2) JT 418

Supreme Court Of India

(From : 1996 AIHC 5513 (Kerala))

Hon'ble Judge(s): V. N. Khare, Satya Brata Sinha, S. H. Kapadia , JJJ

Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (33 of 1989) , S.3— Scheduled Tribe - Merely by change of religion person would not cease to be member of Scheduled Tribe - However question whether he ceases to be member thereof, must be determined by appropriate Court as such question would depend upon facts of each case - Circular issued by State Government to treat such person as S.T. - Is of no assistance being not law. 1996 AIHC 5513 (Kerala), Reversed. Constitution of India , Art.342, Art.13— It cannot be said that merely by change of religion person ceases to be a member of Scheduled Tribe, but the question as to whether he ceases to be a member thereof or not must be determined by the appropriate Court as such a question would depend upon the fact of each case. In such a situation, it has to be established that a person who has embraced another religion is still suffering from social disability and also following the customs and tradition of the community, which he earlier belonged to. 1996 AIHC 5513 (Kerala), Reversed.(Para 16 19 20) The circulars issued by the State of Kerala with a view to show that the members of the Tribes are being treated in the same capacity despite conversion, not being law within the meaning of Art. 13 ....