‘Fraud on Constitution’: Allahabad High Court directs statewide probe into converts availing SC reservation benefits
- In Reports
- 08:09 PM, Dec 02, 2025
- Myind Staff
The Allahabad High Court has asked the Uttar Pradesh government to carry out a statewide inquiry to make sure that people who have converted to Christianity are not taking Scheduled Caste benefits meant only for specific communities under the law.
Calling the use of SC reservation benefits after conversion a “fraud on the Constitution”, the court said that caste-based benefits are tied to religious identity as it is recognised in legal provisions.
Justice Praveen Kumar Giri gave these directions while rejecting a petition filed by Jitendra Sahani, who had asked the court to cancel the proceedings against him under Sections 153A and 295A of the Indian Penal Code for allegedly creating religious enmity and making insulting remarks about Hindu deities.
The court pointed out that Sahani had written Hindu as his religion in the affidavit he filed in court, but the police investigation found that he had converted to Christianity and was working as a priest. A statement recorded under Section 161 CrPC said that Sahani encouraged villagers to adopt Christianity by making fun of Hindu beliefs and by promising jobs and financial help from missionary groups.
Referring to the Constitution Scheduled Castes Order 1950, Justice Giri said that SC status is given only to those who follow Hindu, Sikh or Buddhist faiths.
The court also mentioned a recent Supreme Court judgment which said that caste identity, as understood in the Constitution, does not continue once a person converts to Christianity. The order said that trying to keep reservation benefits even after conversion was an abuse of public policy and went against the idea of social justice.
The court made it clear that Christian converts cannot claim SC protections in jobs, education or under the Scheduled Castes and Scheduled Tribes Prevention of Atrocities Act. The order also referred to a ruling of the Andhra Pradesh High Court, which said that the caste system does not exist in Christianity.
The court then issued wider directions that went beyond this single case. The Cabinet Secretary of the Government of India, the Chief Secretary of Uttar Pradesh and the Principal Secretary of Minorities Welfare were told to review and enforce the law so that SC benefits are not misused by people who belong to minority religions.
In the most important direction, the court ordered all District Magistrates in Uttar Pradesh to verify cases of conversion and stop reservation benefits wherever they are being continued illegally. The court said this work must be completed within four months and that reports must be submitted to the Chief Secretary.
The court also directed the District Magistrate of Maharajganj to verify Sahani’s religion within three months and take strict action if his affidavit is found to be false. Sahani’s petition was dismissed, though he has been allowed to seek discharge before the trial court on grounds of lack of evidence.

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