The Allahabad High Court has directed the Uttar Pradesh government to ensure that individuals who have converted to Christianity do not continue to avail benefits meant for Scheduled Castes, terming such retention of SC status as a “fraud on the Constitution”. The order comes at a time when persecution of Christians in the state has intensified, with multiple rights organisations documenting hundreds of arrests and attacks on the community.
Justice Praveen Kumar Giri passed the order on November 21 while dismissing a plea filed by Jitendra Sahani, a resident of Maharajganj district, who had sought quashing of criminal proceedings against him under Sections 153-A (promoting enmity between groups) and 295-A (outraging religious feelings) of the Indian Penal Code. The court set a strict deadline of four months for all district magistrates in the state to identify and prevent such occurrences. The order also directed high-ranking officials, including the Cabinet Secretary of the Government of India and the Chief Secretary of Uttar Pradesh, to look into the matter and ensure the law is executed properly.
Sahani had approached the High Court arguing that he had merely sought permission to “preach the words of Jesus Christ” on his own land and was being falsely implicated. He had obtained prior permission from the Sub Divisional Magistrate, Maharajganj, in April 2023 to organise prayer meetings. However, this permission was later withdrawn in December 2023. The court noted a critical contradiction in Sahani’s case. While he had declared his religion as “Hindu” in the affidavit filed in support of his application, the Additional Government Advocate drew the court’s attention to witness statements that painted a different picture.
According to the statement of witness Lakshman Vishwakarma recorded under Section 161 of the Criminal Procedure Code, Sahani, who originally belonged to the Kewat community, had converted to Christianity and was functioning as a Padri (priest). The witness alleged that Sahani gathered villagers and used “filthy, abusive and absurd language” about Hindu deities to encourage conversion. The witness further alleged that Sahani mocked Hindu beliefs, claiming the faith offered no respect due to caste hierarchies, whereas embracing Christianity would lead to “jobs, business growth and financial benefits from the missionary”.
Justice Giri emphasised the constitutional provisions governing Scheduled Caste status, noting that under Paragraph 3 of the Constitution (Scheduled Castes) Order, 1950, “no person who professes a religion different from the Hindu, the Sikh or the Buddhist religion shall be deemed to be member of a Scheduled Caste.” The court placed heavy reliance on the Supreme Court’s 2024 judgment in C. Selvarani v. Special Secretary-cum-District Collector, wherein the apex court held that an individual ceases to belong to their original caste upon conversion to Christianity. In that case, the Supreme Court had categorically stated: “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.”
The Allahabad High Court also referred to the Andhra Pradesh High Court’s 2025 ruling in Akkala Rami Reddy v. State of Andhra Pradesh, which clarified that caste-based discrimination does not exist within the Christian faith. Therefore, the basis for Scheduled Caste classification stands nullified upon conversion, irrespective of any previously issued caste certificate. Moving beyond the specific case, Justice Giri issued sweeping directions to the highest levels of bureaucracy. The District Magistrate of Maharajganj was directed to enquire into Sahani’s religion within three months and take strict action if he is found guilty of forgery by claiming to be Hindu in court documents while being a Christian priest. The court stated: “Strict action must be taken against him to prevent such affidavits from being filed before the Court in the future.”
The Principal Secretary of the Minorities Welfare Department was directed to take appropriate action to ensure that the distinction between minority status and Scheduled Caste status is strictly enforced. All district magistrates in the state were directed to communicate their actions to the Chief Secretary within the four-month deadline “so that such fraud on Constitution may not occur”. While dismissing Sahani’s application, the court clarified that he could move a discharge application before the trial court raising all his grievances, including the plea that ingredients of Sections 153-A and 295-A IPC are missing in the case.
The order comes against the backdrop of what Christian rights organisations describe as systematic persecution of the community in Uttar Pradesh. Christians constitute only 0.18 percent of Uttar Pradesh’s population of over 200 million people. The International Christian Concern reported in August 2024 that 1,682 people have been arrested and 835 cases registered under the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act in the four years since its enactment, with most of those arrested being Christians, including pastors. Open Doors UK, an organisation monitoring religious persecution globally, reported in October 2024 that close to 600 worship services in the state faced attacks and disruption by Hindu extremist groups in the first nine months of 2024. In August and September 2024 alone, local partners of Open Doors reported that more than 30 pastors were arrested on charges of coercive conversion, with a third released on bail while the rest remain in custody.
The Uttar Pradesh anti-conversion law was made significantly harsher through an amendment passed in July 2024. The amendment increased the maximum prison sentence from ten years to life imprisonment and expanded who can file complaints. Previously, only the individual allegedly facing coerced conversion or their blood relatives could file a police report. Under the modified law, anyone can file a complaint, making pastors and Christian community members far more vulnerable. The maximum fine was also increased from 100,000 rupees to 500,000 rupees for cases involving women, minors or Dalits.
The Evangelical Fellowship of India Religious Liberty Commission reported 640 verified incidents of targeted attacks against Christians across India in 2024, a 6.5 percent increase from the previous year. Uttar Pradesh ranks among the top states for anti-Christian violence. The United Christian Forum, a New Delhi-based ecumenical group, recorded 182 incidents in Uttar Pradesh between January and October 2024. Many of the arrests in Uttar Pradesh have occurred during prayer meetings in private homes, with local villagers reporting believers to police. Christians have been detained for activities ranging from holding Sunday services to praying at birthday parties.
Dr John Dayal, a prominent Christian rights activist and former member of the National Integration Council, expressed concern over the implications of the court order. “Expect a witch hunt. Leaving Sanatana is doubly criminalised,” he said. Dr Dayal explained the historical context: “The underlying fear for passing the 1950 presidential order confining anti-untouchability affirmative action only to Hindus was to prevent mass migration or conversion to Christianity, Islam, Buddhism and Sikhism. Babasaheb Ambedkar converted 3,00,000 Bombay province Dalits to Buddhism in 1956. Sikhs first and then Buddhists were given reservations in later decades. Christians and Muslims remain banned.”
He pointed out an apparent contradiction in the current framework. “Going by current laws, every Dalit in India, more than 20 crores of them, can leave Sanatan Hinduism and become a Sikh or Buddhist without losing privileges and reservations. They will also continue to get whatever religious minorities get, which is zero, nothing. Once there was equal dignity. But bulldozer raj in UP, MP etc demolished that too.” The state is governed by the Bharatiya Janata Party under Chief Minister Yogi Adityanath, a Hindu monk known for his hardline stance on minority communities.
