The Supreme Court has said that changing religion only to get reservation benefits is a misuse of the Constitution. It stated that such actions go against the purpose of helping disadvantaged groups through reservations. The ruling aims to protect the true intention of these constitutional provisions. This judgment sends a strong message to prevent the misuse of reservation benefits.
New Delhi: The Supreme Court ruled that conversion to Hinduism is not permissible if the primary motive is to gain benefits from reservation policies without genuine belief in the religion.
The court characterized such conversions as a “fraud upon the Constitution,” emphasizing that extending reservation benefits to individuals with hidden agenda weakens the foundational social principles of the reservation policy.
A bench consisting of Justices Pankaj Mithal and R. Mahadevan dismissed an appeal by C. Selvarani, who sought a Scheduled Caste community certificate from the Pondicherry authorities.
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The court noted,
“India is a secular country, and every citizen has a right to practice and profess a religion of their choice as guaranteed under Article 25 of the Constitution. Genuine conversion to a different religion should stem from an authentic inspiration by its principles and tenets. However, if the intent is primarily to secure reservation benefits without actual belief, such conversion cannot be allowed.”
The court’s examination of the evidence revealed that Selvarani was a practicing Christian who attended church regularly.
The bench stated,
“Her dual claim of being a Hindu while also professing Christianity is untenable. Upon baptism, one loses their caste, and thus, the appellant cannot claim Hindu status merely for the sake of employment benefits.”
The court concluded that Selvarani’s claims of reconversion to Hinduism were not authenticated by any formal ceremony or public declaration.
It remarked,
“If she genuinely intended to convert, she should have taken concrete steps to manifest this change, rather than merely claiming to practice Hinduism.”
The ruling emphasized the need for authenticity in matters of religious identification, asserting that the community certificate could only be granted to those who genuinely profess Hinduism, Sikhism, or Buddhism. The bench ultimately affirmed that Selvarani was not entitled to the Scheduled Caste community certificate based on her documented religious association and practices.
Case Title
M/C Selvarani Vs The Special Secretary-Cum-District Collector And Others