On November 26th, the Supreme Court of India delivered a significant ruling, declaring that converting to a religion solely to claim reservation benefits without genuine belief in the adopted faith amounts to a “fraud on the Constitution.” The Court dismissed an appeal by C Selvarani, who had been denied a Scheduled Caste (SC) certificate after claiming to have converted to Hinduism in order to avail reservation benefits for employment.
The Supreme Court of India ruled fraudulent conversions for reservations undermine constitutional integrity. Upheld Madras high Court's judgment on withdrawing caste certificate of the appellant. (Image: Dall-E)
The bench, consisting of Justice Pankaj Mithal and Justice R Mahadevan, upheld the 2023 ruling of the Madras High Court in the case. The justices stressed that such exploitation of the system undermines the purpose of reservation policies, which are designed to uplift socially disadvantaged communities. Senior Advocate N S Nappinai represented Selvarani, while Advocate Aravindh S represented the respondents. The judgment was accessed by OpIndia.
Petitioner's Assertion of Scheduled Caste Status Under Valluvan Caste
Court documents reveal that Selvarani applied for the position of Upper Division Clerk in Puducherry under the SC category. In her application, she stated that she belonged to the Valluvan caste, which is recognized as a Scheduled Caste under the Constitution (Pondicherry) Scheduled Castes Order, 1964. In her petition, she argued that her family, including her father and brother, had historically been treated as members of this caste. She also claimed to have previously received SC certificates.
Selvarani further asserted that she follows Hindu practices and had reconverted to Hinduism, which, according to her, entitled her to the benefits reserved for the SC community within the Valluvan caste. She claimed her father was born a Hindu in a Valluvan family but later converted to Christianity before her birth. She argued that she embraced Hinduism, actively following its traditions, performing rituals, and visiting temples. However, her claims were thoroughly investigated, and evidence was found that contradicted her statements.
Contradictory Evidence to Petitioner’s Claim
Following her claims, the Village Administrative Officer conducted an inquiry. During the investigation, it was revealed that shortly after her birth, she was baptized and raised as a Christian, with church records confirming her baptism. The officer also gathered statements from witnesses who had observed her regularly participating in Christian religious practices. Additionally, the officer noted that her father had converted to Christianity before her birth. These findings contradicted her claim of adhering to Hindu traditions or returning to the Valluvan caste.
In its judgment, the Supreme Court observed that the petitioner failed to provide any solid evidence of her reconversion to Hinduism. There was also no record of a public declaration or formal reconversion ceremony, such as those conducted by the Arya Samaj for those returning to Hinduism. Furthermore, no proof of acceptance by the Valluvan caste community was presented, which, under the law, is essential for reclaiming caste status after conversion.
The court stated: “In any case, upon conversion to Christianity, one loses her caste and cannot be identified by it. As the factum of reconversion is disputed, there must be more than a mere claim. No public declaration or ceremony for reconversion has been recorded, and there is compelling evidence that the appellant continues to profess Christianity.”
Court's Ruling on Fraudulent Conversions
The Supreme Court asserted that religious conversions made solely to gain access to reservation benefits weaken the integrity of the reservation system. The court ruled that individuals seeking caste-based reservation must prove genuine commitment to the religion linked to their claimed caste.
The bench observed: “One converts to a different religion when genuinely inspired by its principles, tenets, and spiritual thoughts. However, if the purpose of conversion is largely to derive the benefits of reservation but not with any actual belief in the other religion, the same cannot be permitted, as the extension of benefits to people with such ulterior motives will only defeat the social ethos of the policy of reservation.”
The Court also emphasized that the purpose of reservation is to rectify historical injustices and foster social equity. Fraudulent claims, such as those made by the appellant, undermine the effectiveness of the reservation system and risk depriving those who are genuinely entitled to its benefits.
Significance of Reconversion and Embracing Caste Acceptance
The court's ruling underscores that caste privileges cannot be restored simply through declarations. Individuals who have converted to another religion must present substantial proof of their acceptance of their original caste upon reconversion, both in practice and in spirit. The judgment highlighted that Christianity, unlike Hinduism, does not recognize caste distinctions. As a result, when someone converts from Hinduism to Christianity, their caste identity is considered to be lost. Additionally, for a person seeking to reconvert to Hinduism, this must be affirmed through both religious rituals and the acceptance of the community.
Citing previous rulings, the court remarked: “A caste to which a Hindu belongs is essentially determined by birth. When a person is converted to Christianity or some other religion, the original caste remains under eclipse, and as soon as during his/her lifetime the person is reconverted to the original religion, the eclipse disappears, and the caste automatically revives. However, where it appears that the person reconverted to the old religion had been converted to Christianity since several generations, it may be difficult to apply the doctrine of eclipse to the revival of caste.”
Criticism Over Abuse of Constitutional Safeguards
The Supreme Court sharply condemned the appellant's actions and asserted that extending SC benefits to her would amount to an abuse of constitutional provisions. The court said: “The conferment of Scheduled Caste communal status to the appellant, who is a Christian by religion but claims to still embrace 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 court additionally noted that the earlier issuance of SC certificates to Selvarani and her family seemed to have occurred without proper verification. It ruled that the authorities' decision to revoke these certificates was warranted, as thorough investigations uncovered inconsistencies in the claims made by Selvarani.
Final Decision
The Supreme Court affirmed the findings of both the authorities and the Madras High Court, ruling that the appellant did not satisfy the requirements for Scheduled Caste (SC) status under the Constitution (Pondicherry) Scheduled Castes Order, 1964. The appeal was dismissed, establishing a precedent for more rigorous scrutiny of claims under reservation policies to maintain their integrity.
In a related development, the Government of India clarified its position on reservations for SC/ST community members who convert to Christianity or Islam. In September 2022, Union Law Minister Ravi Shankar Prasad, speaking in the Rajya Sabha, stated that Dalits who had converted to Islam or Christianity would not be eligible to contest elections from constituencies reserved for SCs or claim other reservation benefits.
However, in August 2022, the Supreme Court directed the Union Government to address a petition arguing that Dalit Hindus who converted to Christianity or Islam should be entitled to the same reservation benefits as those granted to the SC category. Reports indicated that the Government planned to form a committee to examine the situation of Dalits who convert to Islam or Christianity.
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