SC rules religious conversion for quota benefits without actual belief impermissible, fraud on Constitution

New Delhi [India], November 27 (ANI): The Supreme Court has held that religious conversion undertaken solely to access reservation benefits without genuine belief in the adopted religion undermines the fundamental social objectives of the reservation policy.

A bench of Justices Pankaj Mithal and R Mahadevan on November 26 upheld a Madras High Court decision of January 24 denying a scheduled caste certificate to a woman who converted to Christianity but later claimed to be a Hindu to secure employment benefits.

It said that religious conversion for the sole purpose of availing benefits is seen as a “fraud on the Constitution” and contrary to the ethos of reservation policies.

The apex court in its verdict said, “In the instant case, the evidence presented clearly demonstrates that the appellant professes Christianity and actively practices the faith by attending church regularly. Despite the same, she claims to be a Hindu and seeks a Scheduled Caste community certificate for the purpose of employment. Such a dual claim made by her is untenable and she cannot continue to identify herself as a Hindu after baptism.”

“Therefore, the conferment of Scheduled Caste communal status to the appellant, who is a Christian by religion but claims to be still embracing Hinduism only for the purpose of availing reservation in employment, would go against the very object of reservation and would amount to fraud on the Constitution,” it added.

C Selvarani claimed she was born to a Hindu father and a Christian mother, both of whom later practiced Hinduism. She also asserted that her family belonged to the Valluvan caste, and throughout her education, she was treated as part of the Scheduled Caste community, with her father and brother holding Scheduled Caste certificates.

However, the apex court took into note a report from the village administrative officer, supported by documentary evidence, which confirmed that her father was from a Scheduled Caste but had converted to Christianity. Selvarani was born in 1990 and baptised in January 1991.

Selvarani claimed to be a Hindu and sought a Schedule Caste certificate to apply for an upper-division clerk position in Puducherry in 2015.

The verdict said there was no substantial evidence of the appellant’s reconversion to Hinduism or acceptance by the Valluvan caste.

It said Scheduled Caste benefits cannot be granted to individuals who have converted to Christianity unless they can demonstrate, with compelling evidence, both reconversion to Hinduism and acceptance by their original caste.

Upon conversion to Christianity, one loses her caste and cannot be identified by it, said the top court, adding that as the factum of reconversion is disputed, there must be more than a mere claim.

“The conversion had not happened by any ceremony or through Arya Samaj. No public declaration was effected. There is nothing on record to show that she or her family has reconverted to Hinduism and on the contrary, there is a factual finding that the appellant still professes Christianity,” the judgement stated.

“One converts to a different religion when he/she is genuinely inspired by its principles, tenets and spiritual thoughts. However, if the purpose of conversion is largely to derive the benefits of reservation but not with any actual belief in the other religion, the same cannot be permitted, as the extension of benefits of reservation to people with such ulterior motive will only defeat the social ethos of the policy of reservation,” the verdict added while dismissing the appeal of Selvarani against the judgement of the High Court.