In a recent case, the Kerala High Court has ordered the Kerala Institute for Research, Training, and Development (KIRTADS) to review the application of Rebeka Mathai, who seeks a declaration that she belongs to the Paniya caste and is entitled to all the benefits associated with it. The court's direction came after the KIRTADS report, which concluded that Mathai does not belong to the Scheduled Tribe Paniya community but rather to the Orthodox Syrian Christian community.
Mathai, who hails from an inter-caste couple, argued that her upbringing followed the traditions of the Paniya tribe, and she faced social and cultural discrimination. She provided documentation, including certificates from the Head of the Govindamala Tribal Colony, confirming her affiliation with the Paniya community.
The court found that the KIRTADS report did not adequately consider these relevant facts and circumstances, and it relied on general statements regarding the socialization process of offspring from inter-caste marriages. The court cited its previous ruling in the case of Indira v. State of Kerala (2006), emphasizing that even if one parent belongs to a Scheduled Caste/Scheduled Tribe community, the disability suffered by the offspring socially, economically, and educationally is a crucial consideration.
Additionally, the court referred to a judgment by the Madras High Court in S. Paul Raj v. Tahsildar (2021), which stated that conversion from one religion to another does not change a person's caste. The court acknowledged that Mathai's baptism in the Christian faith should not be a reason to alter her caste identity.
Consequently, the court set aside the previous KIRTADS reports and ordered a reconsideration of Mathai's application, directing a proper inquiry and allowing her to be heard.
The case highlights the ongoing debate surrounding the dual benefits received by converted tribals who retain their Scheduled Tribe status while availing minority benefits. This issue has triggered protests across the country, with concerns raised about the impact on ethnic communities.
Activists argue that converted tribals enjoying both Scheduled Tribe and minority benefits undermine the rights of ethnic communities that continue to follow their traditional rituals, customs, and cultures. They argue that this dual advantage is unconstitutional and call for the delisting of converted individuals from reservation lists if they change their religion.
The Janajati Dharma-Sanskriti Suraksha Manch (JDSSM) organized a large-scale rally in Guwahati in March 2023 to raise awareness about the adverse consequences of continuous religious conversions in the Northeast region. Their demands include an amendment to Article 342 of the Indian Constitution for Scheduled Tribes to bring it in line with Article 341 for Scheduled Castes, whereby conversion to another religion results in delisting from the reservation list.
The Kerala High Court's decision in Rebeka Mathai's case contributes to the ongoing discussion on caste identity, the rights of converted tribals, and the need for careful examination of individuals' social, cultural, and economic backgrounds in determining their entitlement to benefits.
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