Prayagraj, Dec 02: The Allahabad High Court has directed the Uttar Pradesh government to conduct a statewide investigation to ensure that individuals who have converted to Christianity are not availing benefits reserved for Scheduled Castes.
Court Terms Post-Conversion SC Benefits ‘Fraud on Constitution’
Calling any continuation of SC reservation benefits after conversion a “fraud on the Constitution”, the court said caste-based privileges are strictly linked to religious identity as recognised under law.
Petitioner Accused of Religious Enmity
Justice Praveen Kumar Giri issued the directives while dismissing a petition filed by Jitendra Sahani, who sought to quash proceedings against him under Sections 153A and 295A of the Indian Penal Code for allegedly promoting religious enmity and making derogatory remarks about Hindu deities.
Police Findings Contradict Affidavit
The court observed that Sahani described his religion as Hindu in his affidavit filed in court, but police investigation revealed he had converted to Christianity and was working as a priest. A witness statement recorded under Section 161 CrPC alleged that Sahani encouraged villagers to adopt Christianity by mocking Hindu spiritual beliefs and promising jobs and economic benefits through missionary support.
Court Cites Constitutional & Supreme Court Provisions
Referring to the Constitution (Scheduled Castes) Order, 1950, Justice Giri noted that SC status is legally restricted to those professing Hindu, Sikh or Buddhist faiths.
The court also cited a recent Supreme Court judgment which held that caste identity, as understood in constitutional provisions, ceases to exist once a person converts to Christianity. Any attempt to retain reservation privileges despite conversion was termed as exploitation of public policy and against the spirit of social justice.
Christian Converts Cannot Claim SC Protections
The order highlighted that Christian converts cannot claim SC protections, including reservation in jobs, education or benefits under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. It also referenced a ruling of the Andhra Pradesh High Court which held that caste system is alien to Christianity.
Wider Directions Issued to Centre & State
Taking note of the wider implications, the court issued strong directions beyond the individual case. The Cabinet Secretary, Government of India, the Chief Secretary of Uttar Pradesh and the Principal Secretary of Minorities Welfare were instructed to review and enforce legal provisions to prevent misuse of SC benefits by those belonging to minority religions.
All District Magistrates Ordered to Verify Conversions
In the most significant direction, the court ordered all District Magistrates across Uttar Pradesh to verify cases of conversion and ensure that reservation entitlements are stopped wherever illegal continuation is detected. The exercise must be completed within four months, with compliance reports submitted to the Chief Secretary.
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DM to Verify Petitioner’s Religion
The court also instructed the District Magistrate of Maharajganj to verify Sahani’s religion within three months and take strict action if his affidavit is found to be false. Sahani’s application was dismissed, though he has been allowed to move a discharge plea before the trial court on grounds of insufficient evidence.
