The Allahabad High Court recently directed all district magistrates (DMs) in Uttar Pradesh (UP) to look into cases where individuals who have converted from Hinduism to other religions are fraudulently using Scheduled Caste (SC) or similar category certificates [Jitendra Sahani v. State of UP and another]
Justice Praveen Kumar Giri directed the DMs to communicate lapses to the State government within four months “so that such fraud on Constitution may not occur”.
The Court also ordered the Union Cabinet Secretary and the Chief Secretary of the UP government “to look into the matter” of SCs, Scheduled Tribes and other Backward Classes.
“Principal Secretary/Additional Chief Secretary, Minorities Welfare Department, Government of U.P. is also directed to look into the matter and take appropriate action or pass appropriate order giving direction to the authorities so that law may be executed in reality/true sense. Additional Chief Secretary, Social Welfare Department is also directed to act in accordance with law,” the order stated.
The Court passed the directions after coming across a petition in which a person who had converted to Christianity from Hinduism mentioned his religion as 'Hindu' on an affidavit before the Court.
The judge noted that no person who belongs to a community other than Hindu, Sikh or Buddhist is deemed to be a member of the Scheduled Caste under Constitution (Scheduled Caste) Order, 1950.
It added that the Supreme Court in a recent ruling observed that claiming caste-based benefits merely for the purpose of availing reservation after conversion amounts to a “fraud on the Constitution”.
It further took note of an Andhra Pradesh High Court judgment stating that caste-based discrimination does not exist within the Christian faith and, therefore, the basis for Scheduled Caste classification stands nullified upon conversion.
The Court then directed a probe into petitioner Jitendra Sahani's religion.
“In view of aforesaid fact, District Magistrate, Maharajganj is directed to enquire into the matter regarding religion of the applicant, within three months and if he is found guilty of forgery, take strict action against him in accordance with law so that such affidavits may not be filed before this Court in future.”
It is not clear whether the petitioner had claimed any reservation benefits after conversion.
Sahani had approached the Court with a plea seeking quashing of a case under Section 153-A (promoting enmity between different groups on grounds of religion, race, place of birth, residence) and 295A (deliberate and malicious acts intended to outrage religious feelings) of Indian Penal Code (IPC).
The case had been registered over allegations that he attempted to convert others to Christianity and used abusive words against Hindu deities.
However, counsel appearing for the petitioner said that he had obtained prior permission from the Sub Divisional Magistrate, Maharajganj to preach words of Jesus Christ to the public on his own land by moving an application. The permission was later withdrawn.
The Court declined to quash the case, stating that it cannot conduct a trial at this stage.
“It is always open to the applicant to move a discharge application before the trial court raising all his grievances including the plea that ingredients of Section 153A as well as Section 295A IPC are missing in the FIR as well as material collected during investigation, no case under aforesaid sections in made out against him,” it said.
Advocates Vandana Henry and Patsy David represented the petitioner.
Additional Government Advocate Pankaj Tripathi represented the State.
[Read Order]