4 min readNew DelhiUpdated: Dec 3, 2025 03:48 PM IST
The court noted that the chargesheet was filed in the case, the investigation against the two is completed, and the evidence is documentary in nature. (File)
The Allahabad High Court has taken a stern view of people who convert to other religions but still avail benefits meant for Scheduled Castes, Scheduled Tribes and Other Backward Classes.
Referring to a 2024 observation by the Supreme Court that said claiming caste-based benefits merely for the purpose of availing reservation even after conversion amounts to a “fraud on the Constitution, the HC has directed the Cabinet Secretary, Government of India, and Chief Secretary, Government of Uttar Pradesh, to look into the matter and act in accordance with law.
The court also directed all District Magistrates in UP to act in accordance with the law within four months and report their compliance to the Chief Secretary and Principal/Additional Chief Secretaries concerned, so that such fraud on the Constitution does not occur, as observed by the SC.
The direction was issued in an order on November 21 by a single bench of Justice Praveen Kumar Giri while hearing a petition by a man named Jitendra Sahani, who was booked for allegedly using filthy and abusive language about deities at a gathering to lure people into converting.
The bench was informed by the Additional Government Advocate (AGA) that the petitioner is a converted Christian and a priest, yet he stated he was a Hindu in his affidavit while filing the petition.
In his plea, Sahani sought quashing of legal proceedings, including a chargesheet filed against him on March 11, 2024, on charges of promoting enmity on grounds of religion and deliberate and malicious acts intended to outrage religious feelings of any class of citizens. The case was lodged in Maharajganj district in Eastern UP.
The court, however, dismissed the petition, and said it lacked merit.
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Taking cognizance of the information shared by the AGA about the alleged false details furnished in the affidavit, the court directed the District Magistrate of Maharajganj “to enquire into the matter regarding religion of the applicant (Jitendra Sahani) within three months and if he is found guilty of forgery, take strict action against him in accordance with law so that such affidavits may not be filed before this Court in future”.
While issuing the direction, the High Court also mentioned the apex court’s judgment which states, “One converts to a different religion, when he/she is genuinely inspired by its principles, tenets and spiritual thoughts. However, if the purpose of conversion is largely to derive benefits of reservation but not with any actual belief in the other religion, the same cannot be permitted, as the extension of benefits of reservation to people with such ulterior motives will only defeat the social ethos of the policy of reservation.”
The court further stated, “Before parting with the order, this Court finds it pertinent to mention relevant provisions of the Constitution (Scheduled Caste) Order, 1950, under which it has been held that no person who belongs to a community other than Hindu, Sikh or Buddhist shall be deemed to be a member of scheduled caste.”
“Further, this Court finds it pertinent to mention that the term ‘Hindu’ has been defined in Section 2 of the Hindu Succession Act, 1956. As per the Act, ‘Hindu’ includes Hindus, Buddhists, Jains, and Sikhs, as well as any person who is a follower of the Brahmo, Prarthana, or Arya Samaj. It also covers any other person (who is) not a Muslim, Christian, Parsi, or Jew, unless it’s proven they are not governed by Hindu law or custom. Furthermore, a person is considered Hindu if they are the child of two Hindu parents or one Hindu parent who was brought up as a Hindu, or if they have been converted or re-converted to Hinduism,” the court stated.
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The Principal Secretary/Additional Chief Secretary of the Minorities Welfare Department and Additional Chief Secretary, Social Welfare Department of the UP government, have also been directed to look into the matter and take appropriate action or pass appropriate orders giving directions to the authorities so that the law may be executed.
Bhupendra Pandey is the Resident Editor of the Lucknow edition of The Indian Express. With decades of experience in the heart of Uttar Pradesh’s journalistic landscape, he oversees the bureau’s coverage of India’s most politically significant state. His expertise lies in navigating the complex intersections of state governance, legislative policy, and grassroots social movements. From tracking high-stakes assembly elections to analyzing administrative shifts in the Hindi heartland, Bhupendra’s reportage provides a definitive lens on the region's evolution.
Authoritativeness He leads a team of seasoned reporters and investigators, ensuring that The Indian Express’ signature "Journalism of Courage" is reflected in every regional story. His leadership is central to the Lucknow bureau’s reputation for breaking stories that hold the powerful to account, making him a trusted figure for policy analysts, political scholars, and the general public seeking to understand the nuances of UP’s complex landscape.
Trustworthiness & Accountability Under his stewardship, the Lucknow edition adheres to the strictest standards of factual verification and non-partisan reporting. He serves as a bridge between the local populace and the national discourse, ensuring that regional issues are elevated with accuracy and context. By prioritizing primary-source reporting and on-the-ground verification, he upholds the trust that readers have placed in the Express brand for nearly a century. ... Read More
