Skip to content
Back to the daily read

Daily Read: India

Court Rules Conversion Does Not Strip Scheduled Tribe Status

The Allahabad High Court dismissed three writ petitions and upheld orders voiding land transactions in Sonbhadra district, Uttar Pradesh. The case centered on a Bhuiyan tribe member who purchased tribal land in 2011, 2017, and 2018, with authorities questioning her continued Scheduled Tribe status after marrying a Muslim man. The court ruled that religious conversion by itself does not automatically strip a person of Scheduled Tribe status, citing the Constitution (Scheduled Tribes) Order, 1950 and Supreme Court precedents. It emphasized that whether a converted individual remains a tribe member is a question of fact, requiring evidence of ongoing tribal customs, traditions, and community ties. The decision rejected the argument that the purchaser’s conversion alone invalidated the land deals, noting that the sellers’ tribal status was irrelevant to the buyer’s eligibility. The court found the petitioner had failed to prove a continued connection with the Bhuiyan tribe at the time of the sales, leading to the cancellation of the deeds. The ruling clarifies that while conversion does not automatically end ST status, courts may scrutinize a person’s tribal identity when it is contested. The judgment reinforces the need for clear evidence of tribal affiliation in land transactions involving Scheduled Tribe members.

· The Hindu

The essential points

  1. 01Allahabad High Court dismissed petitions, upheld voiding of three land deals involving a Bhuiyan tribe member
  2. 02Court held that religious conversion alone does not automatically terminate Scheduled Tribe status under Indian law
  3. 03Decision referenced Supreme Court rulings in Kerala v. Chandramohanan and Chinthada Anand v. Andhra Pradesh
  4. 04Court emphasized that continued tribal identity requires evidence of ongoing customs, traditions, and community ties
The full brief

The Allahabad High Court dismissed three writ petitions and upheld orders voiding land transactions in Sonbhadra district, Uttar Pradesh. The case centered on a Bhuiyan tribe member who purchased tribal land in 2011, 2017, and 2018, with authorities questioning her continued Scheduled Tribe status after marrying a Muslim man. The court ruled that religious conversion by itself does not automatically strip a person of Scheduled Tribe status, citing the Constitution (Scheduled Tribes) Order, 1950 and Supreme Court precedents.

It emphasized that whether a converted individual remains a tribe member is a question of fact, requiring evidence of ongoing tribal customs, traditions, and community ties. The decision rejected the argument that the purchaser’s conversion alone invalidated the land deals, noting that the sellers’ tribal status was irrelevant to the buyer’s eligibility. The court found the petitioner had failed to prove a continued connection with the Bhuiyan tribe at the time of the sales, leading to the cancellation of the deeds.

The ruling clarifies that while conversion does not automatically end ST status, courts may scrutinize a person’s tribal identity when it is contested. The judgment reinforces the need for clear evidence of tribal affiliation in land transactions involving Scheduled Tribe members.