Prayagraj: Allahabad High Court has given an important decision and made it clear that a person who leaves Hinduism and adopts Christianity or any other religion does not have the right to the benefits of Scheduled Caste (SC) or Scheduled Tribe (ST). The court said that this benefit can be availed only by people following Hindu religion. A single bench of High Court Justice Praveen Kumar Giri said that taking benefits of Scheduled Caste even after changing religion is a betrayal of the Constitution. Calling it a serious issue, the court directed to take legal action on it.
Order for investigation and action within four months
The High Court has directed the District Magistrates (DMs) of all the districts of Uttar Pradesh to investigate within four months the cases of availing SC benefits by Hindus who have converted to religion and after investigation, necessary legal action should be taken. Along with this, the DM of Maharajganj has been specifically instructed to investigate and take action within three months in the case of a person who has converted to Christianity showing himself to be a Hindu.
Instructions to central and state government also
Along with this, the court ordered the following officers to take action in this matter:
1. Cabinet Secretary to the Government of India
2. Chief Secretary of Uttar Pradesh
3. Additional Chief Secretary, Social Welfare Department
4. Chief/Additional Chief Secretary, Minority Welfare Department
Petition of petitioner Jitendra Sahni rejected
This decision was given on the petition of Jitendra Sahni, in which he had demanded cancellation of the criminal proceedings going on in the ACJM court on the charge of religious conversion. The High Court rejected his petition and said that if the petitioner wishes, he can file a discharge application in the subordinate court.
While clarifying who is a Hindu, the court said that Hindus, Sikhs, Buddhists, Jains, Arya Samajis etc. come under the Hindu tradition. A person who is not a Muslim, Christian, Parsi or Jew is considered a Hindu. SC facilities are given only to Hindus (and related religions). After changing religion, a person is no longer entitled to these benefits.
Cited this Supreme Court case
Citing the C. Selvarani case of the Supreme Court, the High Court said that conversion for the purpose of taking advantage has been described as a betrayal of the Constitution. The petitioner is accused of inspiring the poor to adopt Christianity. He also made objectionable remarks against Hindu gods and incited religious enmity.
The petitioner from village Mathaniya Lakshmipur Ekdanga is accused of converting the poor for the sake of Jesus Christ’s speech. Also clarifying the purpose of the SC/ST Act, the court said that the purpose of the SC/ST Prevention of Atrocities Act is to protect those communities. This Act is for those who have historically been victims of caste discrimination. Therefore, this protection cannot be extended to those who have adopted a religion where the caste system is not valid.
