SC status after conversion amounts to 'fraud' on Constitution: Allahabad HC

The court directed the Principal Secretary (Minorities Welfare Department) to take appropriate action to ensure that the distinction between minority status and SC status is strictly enforced

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The Allahabad High Court has issued a sweeping direction to the entire administrative machinery of Uttar Pradesh to ensure that individuals converted to Christianity do not continue to avail benefits meant for Scheduled Castes (SC).

The court directed the Principal Secretary (Minorities Welfare Department) to take appropriate action to ensure that the distinction between minority status and Scheduled Caste status is strictly enforced.

The court said that retention of SC status after conversion amounts to a "fraud on the Constitution" and set a strict deadline of four months for all district magistrates in the state to act in accordance with the law to identify and prevent such occurrences.

Justice Praveen Kumar Giri while dismissing an application filed by Jitendra Sahani passed the order. Sahani has been accused of mocking Hindu deities and promoting enmity.

Sahani had filed the plea to quash the charge sheet in the case on the ground that he had sought permission from authorities concerned to preach the "words of Jesus Christ" on his own land and was being falsely implicated in the case.

The court in its order dated November 21 dismissed the application while holding that the application lacks merit.

However, during the course of hearing, while going through the affidavit filed in support of the petition of the applicant, the court noted that he has mentioned his religion as Hindu in the affidavit, though he had converted to Christianity at this point.

The court was informed that the applicant was from Scheduled Castes before conversion and in the affidavit before the court he mentioned his religion as Hindu.