The Allahabad High Court has directed the Uttar Pradesh government to ensure that those who convert to Christianity from the Scheduled Caste community of the Hindu religion shall not receive the reservation benefits associated with their former SC identity, citing a Supreme Court judgement that views such claims after conversion as a fraud on the Constitution and contrary to the ethos of reservation policies.
The direction was issued by a bench of Justice Praveen Kumar Giri on 21 November, as the court examined the legal implications of caste status following religious conversion and reiterated that the basis of the Scheduled Caste classification does not extend to Christian converts, even if an earlier caste certificate exists.
The court also referred to an Andhra Pradesh High Court ruling, which held that caste-based discrimination is not recognised within the Christian faith, and therefore the grounds for SC status automatically lapse once a person adopts Christianity.
The matter came before the court through a petition filed by Jitendra Sahani, who was booked under charges related to promoting enmity between religious groups and hurting religious sentiments, and who sought to have the case quashed by arguing that he had merely applied for permission to preach on his own land.
The court noted that although Sahani had converted to Christianity, his affidavit submitted before authorities mentioned “Hindu” as his religion and placed him within an SC community, which prompted concerns regarding possible misrepresentation in official records.
A witness in the case had alleged that Sahani criticised Hinduism for caste hierarchies and encouraged conversion to Christianity by suggesting that it would lead to economic opportunities such as employment, business growth and financial support from missionaries, thereby prompting the court to scrutinise whether his actions and declarations were consistent with the law.
Highlighting the provisions of the Constitution (Scheduled Caste) Order, 1950, which specifies that only members of Hindu, Sikh or Buddhist communities are eligible for SC status, the court directed the district magistrate of Maharajganj to investigate whether Sahani had committed forgery by declaring himself Hindu despite his conversion and to take stringent action if the allegations are found to be true.
The bench further instructed the Union Cabinet Secretary and the Chief Secretary of Uttar Pradesh to review the broader issues relating to Scheduled Castes, Scheduled Tribes and Other Backward Classes, and to examine the relevant statutory provisions to prevent future discrepancies in caste-based entitlements.
The court also asked the principal secretary or additional chief secretary of the minorities welfare department, along with all district magistrates in the state, to initiate appropriate measures to ensure compliance with constitutional and legal requirements concerning caste status following religious conversion.