The Allahabad High Court has instructed all district magistrates in Uttar Pradesh to verify cases where individuals who have converted to religions other than Hinduism, Sikhism, or Buddhism are still claiming Scheduled Caste (SC) benefits. The court said this practice amounts to a “fraud on the Constitution” and said that the law regarding caste status after conversion must be implemented “in reality and in true sense.”
What prompted the directive?
The ruling came while the court dismissed a plea by Jitendra Sahani, a resident of Maharajganj district in Gorakhpur. Sahani had sought to quash criminal proceedings against him for allegedly making derogatory remarks about Hindu deities and promoting religious conversions during Christian prayer meetings.
Although the court did not interfere with the criminal case, it used the opportunity to address a larger problem of false SC claims by converts.
Sahani had filed under Section 482 of the Criminal Procedure Code to challenge proceedings under Sections 153A and 295A of the Indian Penal Code. He claimed the allegations were baseless and said he only conducted prayer meetings with prior permission.
During the hearing, the court observed that Sahani, born into a Hindu community, had converted to Christianity and was serving as a priest. Yet in his affidavit to the court, he still identified as Hindu. The bench referred to the Constitution (Scheduled Castes) Order, 1950, which states that no person who follows a religion other than Hinduism, Sikhism, or Buddhism can retain SC status.
The court also cited Supreme Court rulings, including Soosai, KP Manu, and C Selvarani, which held that claiming SC benefits after conversion is not allowed and defeats the purpose of reservation. The court stressed that Scheduled Caste identity is tied to historical caste-based discrimination, which is not recognized in Christianity or several other religions. It said such claims are often made “only for the purpose of availing reservation” and cannot be permitted.
The court directed the District Magistrate of Maharajganj to verify Sahani’s actual religious status within three months and take strict action if his affidavit is found to be false. Additionally, the court asked the Cabinet Secretary, Chief Secretary of Uttar Pradesh, and senior officials of the Social Welfare and Minorities Welfare Departments to examine the issue across the state.
All district magistrates have been ordered to complete verification within four months and report back to the state government.
