The Allahabad High Court in Uttar Pradesh has ordered the state government to take firm action against people who convert to Christianity but continue to claim benefits reserved for Scheduled Castes.
In its ruling on 2 December, the court said such practices amount to a “fraud on the Constitution”. It stressed that, under Indian law, Scheduled Caste status is linked only to Hinduism, Sikhism or Buddhism.
The court referred to the Constitution (Scheduled Castes) Order of 1950, which states that a person professing a religion other than Hinduism, Sikhism or Buddhism cannot be recognised as belonging to a Scheduled Caste. Justice Giri said that retaining Scheduled Caste status after conversion violates this constitutional order and must be addressed strictly.
The decision has revived a long-running debate around the 1950 order, which has been criticised by rights groups for discriminating against Dalits who convert to Christianity or Islam. Under the current framework, such converts lose access to affirmative action benefits, including reservations in government jobs and higher education. The same restriction does not apply to Scheduled Tribes.
Christian advocacy groups have argued that the policy forces many converts to hide their faith in order to retain benefits, reinforcing social stigma and unequal treatment. Several petitions challenging the 1950 order are currently pending before India’s Supreme Court.
Lawyers in Lucknow described the ruling as a call for legal clarity but warned that it could further expose already vulnerable communities. One constitutional lawyer said the judgment highlighted deeper problems in a reservation system tied closely to religious identity and in need of reform.
The court’s directions were issued while dismissing a plea by Jitendra Sahani, a resident of Maharajganj district, who had sought to quash criminal proceedings against him. Sahani faces allegations of making offensive remarks about Hindu deities and promoting religious conversion during Christian prayer meetings.
While refusing to halt the criminal case, the court took note that Sahani, identified as a Christian, had described himself as a Hindu in an affidavit. This prompted the court to instruct the district magistrate to take strict action if forgery is established.
The High Court also directed senior officials of both the central and Uttar Pradesh governments, including district magistrates and the state’s minorities welfare department, to investigate cases involving Scheduled Castes, Scheduled Tribes and other backward classes, and to ensure the law is enforced “in its true sense”.
The judges observed that Scheduled Caste identity is rooted in India’s historical experience of caste-based discrimination, which they said is not recognised within Christianity and several other religions. Allowing caste benefits to continue after conversion, the court said, distorts the constitutional framework.
Adapted from ICC.
