Chandramohan vs Sub Inspector of Police

P.V. Narayanan Nambiar, J.—On the basis of a statement dated 11th December 1992 in which there are allegations regarding outraging the modesty of a girl, Crime No. 293 of 1992 was registered by the Pattambi Police and after investigation, final report was filed before the Sessions Court, Palghat alleging offences under Sections 3(1)(xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short ''the Act'') and 509 I.P.C. The proceedings are now pending as S.C. 74 of 1993.

Petitioner is the accused in the Sessions Case referred to above. He prays to quash the first charge contained in Annexure A which deals with an offence punishable u/s 3(1)(xi) of the Act. According to him, no offence under the above section is attracted in view of the fact that the victim is not a member of the Scheduled Caste or Scheduled Tribe. Going by the statement recorded by the investigating officer u/s 161 Code of Criminal Procedure, it is seen that her parents originally belonged to Mala Araya Community, which is considered to be a Scheduled Tribe in the State of Kerala. But later they embraced Christianity. The victim was born to the parents after they became Christians. So, she can be treated as a Christian by birth. Counsel submits that among the Christians there cannot have Scheduled Castes or Scheduled Tribes and so the victim cannot be treated as a member of the Scheduled Caste or Scheduled Tribe.

Scheduled Castes and Scheduled Tribes are described u/s 2(1)(c) of the Act which reads as follows:

(c) ''Scheduled Castes and Scheduled Tribes'' shall have the meanings assigned to them respectively under Clause (24) and Clause (25) of Article 366 of the Constitution.

Clauses (24) and (25) of Article 366 of the Constitution read as follows:

(24) ''Scheduled Castes'' means such castes, races or tribes or parts of or groups within such castes, races or tribes as are deemed under Article 341 to be Scheduled Castes for the purposes of this Constitution.

(25) ''Scheduled Tribes'' means such tribes or tribal communities or parts of or groups within such tribes or tribal communities as are deemed under Article 342 to be Scheduled Tribes for the purposes of this Constitution.

A reading of Articles 341 and 342 of the Constitution will be useful in this context. Article 341 reads as follows:

Scheduled Castes.- (1) The President may with respect to any State after consultation with the Governor thereof, by public notification, specify the castes, races or tribes or parts of or groups within castes, races or tribes which shall for the purposes of this Constitution be deemed to be Scheduled Castes in relation to that State.

(2) Parliament may by law include in or exclude from the list of Scheduled Castes specified in a notification issued under Clause (1) any caste, race or tribe or part of or group within any caste, race or tribe, but save as aforesaid a notification issued under the said clause shall not be varied by any subsequent notification.

Article 342 reads as follows:

Scheduled Tribes.- (1) The President may with respect to any State after consultation with the Governor thereof, by public notification, specify the tribes or tribal communities or parts of or groups within tribes or tribal communities which shall for the purposes of this Constitution be deemed to be Scheduled Tribes in relation to that State.

(2) Parliament may by law include in or exclude from the list of Scheduled Tribes specified in a notification issued under Clause (1) any tribe or tribal community or part of or group within any tribe or tribal community, but save as aforesaid a notification issued under the said clause shall not be varied by any subsequent notification.

Under Articles 341 and 342 of the Constitution, list of Scheduled Castes and Scheduled Tribes are published in relation to the State of Kerala. Going by the list, it is seen that ''Mala Arayans'' are treated as Scheduled Tribes. But Mala Arayans, who are converted into Christianity, are not treated as members of the Scheduled Caste or Scheduled Tribe.

This Court had occasion to consider a question similar in nature, in Chinnamma v. Secretary to Government 1990 (1) KLT 62. In that case, the Petitioner, who was a member of the Scheduled Caste, was converted into Christianity and later she gave it up and came back to Hinduism. She contended that she is entitled to the benefits of Scheduled Castes as if she is a Pulaya Christian. This Court declined the same on the ground that Christianity does not recognise Scheduled Castes/Scheduled Tribes. This Court further said that there cannot be Scheduled Caste Christians or Scheduled Tribe Christians.

What emerges from the above discussion is that the victim in this case cannot bs treated as a member of the Scheduled Caste or Scheduled Tribe in view of the fact that she was born to parents belonging to Christianity. So, it cannot be said that an offence punishable u/s 3(1)(xi) of the Act is attracted. This section will be attracted only in case of ''assaults or uses of force to any woman belonging to a Scheduled Caste or a Scheduled Tribe with intent to dishonour or outrage her modesty''.

As the victim is not a woman belonging to either Scheduled Caste or Scheduled Tribe, it cannot be said that the accused has committed an offence as defined u/s 3(1)(xi) of the Act. So, the first charge in respect of Section 3(1)(xi) of the Act contained in Annexure A charge in S.C. No. 74 of 1993 of the Court of Session, Palghat Division is quashed. With regard to the other offence, the Court below is at liberty to proceed with in accordance with law.

The Crl. M.C. is disposed of as above.