Doctrine of Eclipse of Caste:C. Selvarani case 2024
What is the Doctrine of Eclipse of Caste?
The Doctrine of Eclipse of Caste applies in India to individuals who were originally born into a caste-based religion (like Hinduism) but converted to a caste-less religion (like Christianity or Islam). Essentially, their original caste is considered to be "eclipsed" or hidden while they practice the new religion.
How does reconversion affect caste status?
If the person reconverts to their original caste-based religion, the "eclipse" is lifted, and their original caste status is restored. This allows them to potentially claim benefits linked to that caste.
Does this apply to everyone?
No. As highlighted in the C. Selvarani case, the Supreme Court clarified that this doctrine only applies to individuals who were originally born into a caste-based religion. Someone born into a caste-less religion like Christianity cannot invoke this doctrine to claim a caste later in life.
Why is this important?
Caste in India is linked to social status and access to certain benefits like reservations in education and government jobs. The Doctrine of Eclipse of Caste plays a role in determining who can claim these benefits after religious conversion and reconversion.
What is the Doctrine of Eclipse?
The Doctrine of Eclipse is a separate but related legal concept concerning pre-Constitution laws that violate fundamental rights. Such laws are not automatically void but become unenforceable or "eclipsed" by the fundamental right. They can potentially become operational again if the conflicting fundamental right is amended.
How are these two doctrines different?
Subject Matter: The Doctrine of Eclipse of Caste deals with the status of an individual's caste upon religious conversion. The Doctrine of Eclipse deals with the validity of laws that conflict with fundamental rights.
Application: The first applies to individuals born into caste-based religions, while the second applies to pre-constitutional laws.
