SC/ST Act won't apply after conversion to Islam: Bombay High Court

Published 30 June 2026 · india

The Kolhapur bench of the Bombay High Court recently discharged a couple who had been charged under the Scheduled Castes and Scheduled Tribes (Prevention of

The Kolhapur bench of the Bombay High Court recently discharged a couple who had been charged under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (Atrocities Act) by their own relative after noting that the provisions of the Act do not apply once a person converts to Islam. The bench of Justice Vrushali V Joshi noted the statement of the victim, who specifically stated that her husband professes the Muslim faith and that, at the time of her marriage, she had converted to Islam and has since been professing the Muslim religion. She further stated that she changed her name following the conversion.

Read Full Story The facts of the case were that the complainant allegedly belonged to the Hindu Mahar community but married a Muslim man in 2011. Later, due to property-related issues, tensions within the family escalated, and the woman registered a case against her husband's sister (Nanad) and her husband (Nandoi), who had come to stay with them for some time in 2015. According to the complaint, an argument erupted when the woman asked the relatives to maintain cleanliness, avoid using excessive water, and keep the toilet clean. She alleged that the relatives physically assaulted her and, knowing that she belonged to a Scheduled Caste, abused her by calling her caste-based names.

Advocate Satyavrat Joshi, appearing for the relatives, submitted that the dispute between the parties was civil in nature. "They are from the same family. As the status quo order has been passed in favour of the applicants, the woman has lodged a false FIR. No offence is made out against the applicants under the Atrocities Act," Joshi submitted. When questioned about the applicability of the Atrocities Act, Additional Public Prosecutor SV Gavand agreed that, in view of the observations of the Supreme Court in Chinthada Anand (supra), the woman, having converted to and professed the Muslim faith, may not be entitled to invoke the provisions of the Atrocities Act, notwithstanding the fact that she belonged to a Scheduled Caste prior to her conversion.

However, he submitted that this aspect would not affect the allegations constituting offences under the Indian Penal Code. The bench, therefore, discharged the accused couple of the charges under the Atrocities Act. However, with regard to the other offences alleged in the FIR, the bench said that the material on record disclosed a prima facie case requiring adjudication at trial. "The applicants would, therefore, be required to face trial in respect of the said offences," the bench said. Ends