‘Constitutional fraud’: SC bans religious conversion over quota benefits

In a landmark judgment, the Supreme Court has said that religious conversions undertaken solely to avail reservation benefits without genuine faith amounted to “fraud of the Constitution”.

Justices Pankaj Mithal and R. Mahadevan on November 26 delivered the verdict in a case filed by one C. Selvarani, upholding a January 24 decision of the Madras High Court denying a scheduled caste certificate to a woman who registered had converted to Christianity but later claimed to be a Hindu. safe working conditions.

Justice Mahadevan, who wrote the 21-page judgment for the Bench, further underlined that one converts to another religion when one is sincerely inspired by its principles, teachings and spiritual thoughts.

“However, if the purpose of conversion is largely to obtain the benefits of reservation, but not with any actual belief in the other religion, the same cannot be permitted, because the extension of the benefits of reservation to people with such ulterior motives only will gain victory over the other religion. social ethos of reservation policy,” he noted.

It was clear from the evidence presented to the court that the appellant professed Christianity and actively practiced the faith by regularly attending church.

“Despite the same, she claims to be Hindu and applies for SC community certificate for the purpose of employment,” the report said.

“Such a double claim on her part,” the Bench said, “was untenable and she can no longer identify herself as a Hindu after baptism.”

The top court, therefore, held that the grant of scheduled caste community status to the woman, who was Christian by faith but still claimed to embrace Hinduism only for the purpose of availing reservation in employment,’ would be contrary to the purpose of the reservation and would amount to fraud on the Constitution”.

The Supreme Court underlined a religious conversion solely to access reservation benefits, without genuine belief in the adopted religion, undermined the basic social objectives of the quota policy and its actions were contrary to the spirit of the reservation policy aimed at uplifting the marginalized communities .

Born to a Hindu father and Christian mother, Selvarani was baptized as a Christian soon after birth but later claimed to be a Hindu and sought an SC certificate to apply for a post as an upper division clerk in Puducherry in 2015 .

Although her father belonged to the Valluvan caste, classified under the Scheduled Castes, he had converted to Christianity as confirmed by documentary evidence.

According to the judgment, the appellant continued to practice Christianity as evidenced by regular church attendance, making her claim of being a Hindu untenable.

The Bench noted that individuals who convert to Christianity lose their caste identity and must provide convincing evidence of reconversion and acceptance by their original caste to claim SC benefits.

According to the judgment, there was no substantial evidence of the appellant’s reconversion to Hinduism or acceptance by the Valluvan caste.

Her claims lacked public statements, ceremonies or credible documentation to substantiate her claims, it was pointed out.

“One converts to another religion when he is truly inspired by its principles. Conversion purely for reservation benefits, without faith, is impermissible,” the Bench ruled.

In any case, the Supreme Court was of the opinion that when a person converted to Christianity, he lost his caste and could therefore no longer be identified.

“Since the fact of the reconversion is disputed, there must be more than a mere claim. The conversion had not taken place through a ceremony or through ‘Arya Samaj’. No public statement was made. There is nothing on record to show that she or her family has re-converted to Hinduism and on the contrary, there is a factual finding that the applicant continues to practice Christianity,” the report said.

The Bench said that there was evidence against the appellant and therefore raised its contention that the caste would come under eclipse on conversion and the resumption of caste on reconversion was “untenable”.