Converting to Hinduism only to avail reservation without belief is fraud on Constitution, Hindus who convert to Christianity lose their castes: Supreme Court

The court pointed out that Christianity, unlike Hinduism, does not have any caste distinctions. Hence, when a person converts from Hinduism to Christianity, the caste identity of that person is lost.

On 26th November, the Supreme Court of India delivered a landmark judgment ruling that converting to a religion solely to claim reservation benefits without genuine belief in the adopted faith constitutes “fraud on the Constitution.” The apex court dismissed an appeal filed by C Selvarani, who was denied a Scheduled Caste (SC) certificate after she claimed to have reverted to Hinduism for the purpose of accessing reservation benefits in employment.

The Supreme Court bench comprising Justice Pankaj Mithal and Justice R Mahadevan upheld the 2023 judgment of the Madras High Court in the matter. The bench emphasised that such misuse of the system undermines the objectives of the reservation policies aimed at uplifting socially disadvantaged communities. Senior Advocate N S Nappinai represented Selvarani, while Advocate Aravindh S appeared for the respondents. OpIndia accessed the judgment copy.

Petitioner’s claimed Scheduled Caste status under Valluvan caste

According to the court documents, Selvarani applied for the position of Upper Division Clerk in Puducherry under the SC category. In her application, she claimed to belong to the Valluvan caste, which is recognised as Scheduled Caste under the Constitution (Pondicherry) Scheduled Castes Order, 1964. In her petition, she argued that her family, including her father and brother, were historically treated as members of the said caste. She further claimed that she had received SC certificates in the past.

She also claimed that she follows Hindu practices and asserted that she reconverted to Hinduism, which entitled her to the benefits reserved for the SC community under the Valluvan caste. Notably, she claimed that her father was born Hindu in a Valluvan family. However, he later converted to Christianity before her birth. She contended that she embraced Hinduism and actively followed traditions, performed rituals, and visited Hindu temples. However, her claims were scrutinised in detail during investigations, and contradicting evidence was found.

Evidence contradicting petitioner’s claims

Following her claims, an enquiry was conducted by the Village Administrative Officer. During the investigation, the officer found that soon after her birth, she was baptised and raised as a Christian. Church records confirmed that she was baptised. The officer also recorded statements from witnesses who saw her participating in Christian religious practices regularly. The officer further noted that her father had converted to Christianity before her birth. The findings contradicted her assertion that she was following Hindu traditions or reverting to the Valluvan caste.

In the judgment, the apex court noted that the petitioner failed to produce any concrete evidence that she reconverted to Hinduism. Furthermore, there was no record of a public declaration or a formal reconversion ceremony similar to those conducted by Arya Samaj for those who reconvert to Hinduism. Moreover, there was no proof of acceptance by the Valluvan caste community, which, according to the law, is a crucial requirement 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.”

The Court’s stance on fraudulent conversions

The Supreme Court stated that religious conversions for the sole purpose of accessing reservation benefits undermine the integrity of the reservation system. The court held that persons seeking to benefit from caste-based reservation must demonstrate genuine adherence to the religion associated with 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 further noted that the purpose of reservation is to address historical injustice and promote social equity. Any fraudulent claims, like those made by the appellant, dilute the effectiveness of the reservation system and tend to deprive genuine beneficiaries.

Importance of reconversion and caste acceptance

The judgment in the matter emphasises that caste benefits cannot be reclaimed merely through declarations. Those who have converted to another religion are bound to provide compelling evidence that they accept their original caste after reconversion in letter and spirit. The court pointed out that Christianity, unlike Hinduism, does not have any caste distinctions. Hence, when a person converts from Hinduism to Christianity, the caste identity of that person is lost. Furthermore, if the person wants to reconvert to Hinduism, it should be properly validated by both rituals and community acceptance.

Referring to past judgments, the court stated: “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 of misuse of constitutional safeguards

The apex court strongly criticised the actions of the appellant and stated that granting SC benefits to her would constitute a misuse 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 further observed that the issuance of earlier SC certificates to Selvarani and her family appeared to have been done without any prior verification. The court ruled that the decision of the authorities to revoke these certificates was justified after thorough investigations revealed discrepancies in the claims made by Selvarani.

Final verdict

The Supreme Court upheld the findings of the authorities and the Madras High Court, concluding that the appellant failed to meet the criteria for SC status under the Constitution (Pondicherry) Scheduled Castes Order, 1964. The court dismissed the appeal, setting a precedent for stricter scrutiny of claims under reservation policies to ensure their integrity.

Notably, the Government of India has clarified its stance on reservations for SC/ST community members who convert to Christianity or Islam. In September 2022, the then Union Law Minister, Ravi Shankar Prasad, stated in the Rajya Sabha that Dalits who had abandoned their faith and converted to Islam or Christianity would not be permitted to contest parliamentary or assembly elections from constituencies reserved for Scheduled Castes (SC) and would not be allowed to claim other reservation benefits.

However, in August 2022, the Supreme Court asked the Union Government to respond to a plea arguing that Dalit Hindus who had converted to Christianity or Islam should be given the same reservation benefits as those extended to the Scheduled Caste (SC) category. Reports suggested that the Government decided to set up a panel to ‘study the condition of Dalits who convert to Islam or Christianity.’