The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (SC&ST (POA) Act) provides for classification and offences and punishment to offenders who commit atrocities to members from SC and ST. For the purpose of this Act, the definition of Scheduled Caste and Scheduled Tribe is same as in Article 366 (clauses 24 and 25). Article 366 refers to Article 341 and 342 of the Constitution to define Scheduled Caste and Scheduled Tribe respectively. The issue is that Article 341 and 342 provides for presidential notification to demarcate tribes, races or castes or a part of any group as Scheduled Castes or Scheduled Tribe with respect to any particular State/ UT.
My question is that there are several Castes and Tribes which are SC/ ST in a particular state but not recognised as SC/ ST in other state. In such a case, if a person belonging to SC/ ST category in one state, migrates to other state (where he is not recognised as SC/ ST), but still faces atrocities, whether such person can claim any entitlement/ relief under SC&ST (POA) Act?
If there are any judicial pronouncements dealing with this aspect, please share the same as well.