Law

Allahabad HC Orders Probe Into Loss of SC Benefits After Conversion to Christianity

Justice Praveen Kumar Giri referred to a Supreme Court ruling to hold that claiming SC benefits after conversion amounts to a “fraud on the constitution and contrary to the ethos of reservation policies”

Allahabad HC Orders Probe Into Loss of SC Benefits After Conversion to Christianity

The Allahabad High Court. Photo: Wikimedia Commons

The Allahabad high court has called on the Uttar Pradesh government to examine and enforce the rule that individuals from Scheduled Caste communities who convert to Christianity should no longer receive reservation benefits tied to their former caste status.

Issuing the direction on November 21, Justice Praveen Kumar Giri referred to a Supreme Court ruling to hold that claiming SC benefits after conversion amounts to a “fraud on the constitution and contrary to the ethos of reservation policies”, The Hindu reported.

The court also drew upon an Andhra Pradesh high court judgment which held that caste-based discrimination does not operate within Christianity, and therefore the very grounds for SC status cease to exist once a person converts, regardless of any previously issued caste certificate.

The case arose from a petition filed by Jitendra Sahani, who had been booked for promoting enmity between religious groups and outraging religious feelings. Sahani sought the quashing of charges, arguing that he had simply applied for permission to “preach the words of Jesus Christ on my land”.

As reported by The Times of India, the bench noted that although Sahani had converted to Christianity, he had identified himself as “Hindu” in an affidavit where he claimed SC status.

A witness in the case alleged that Sahani had criticised Hinduism for caste hierarchies and told people that converting to Christianity would lead to “jobs, business growth and financial benefits from the missionaries”, according to the report.

Highlighting the Constitution (Scheduled Caste) Order, 1950 — which limits SC recognition to those of Hindu, Sikh or Buddhist faiths — the court directed the district magistrate of Maharajganj to act against Sahani if he is found guilty of “forgery” by misrepresenting his religion in court documents.

“…..Strict action must be taken against him to prevent such affidavits from being filed before the Court in the future,” the order said, as quoted by The Hindu.

The court further instructed the Union cabinet secretary and the Uttar Pradesh chief secretary to examine the legal provisions related to Scheduled Castes, Scheduled Tribes and Other Backward Classes.

Similar directions were issued to the principal or additional chief secretary of the minorities welfare department and to all district magistrates in the state to initiate action wherever required.

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