Allahabad High Court has said that a person who leaves Hindu religion and adopts Christianity or other religion will not get the benefit of SC quota. Calling it a betrayal of the Constitution, the court has directed all district magistrates to investigate such cases and take legal action.
Allahabad High Court has given a big decision in an important case related to conversion. The court clearly said that a person who leaves Hinduism and adopts Christianity or any other religion does not have the right to avail the benefits of Scheduled Caste or Tribe. The court has termed such facilities as limited to people belonging to the Hindu community and has termed it as being in accordance with the spirit of the Constitution.
Action will be taken against Hindus who become Christians
The High Court took a strong stand on this and said that if a Hindu has converted to Christianity, but is still taking advantage of the SC quota, then it is a betrayal of the Constitution. The court has directed all the district magistrates of the state to investigate such cases and ensure legal action within four months.
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Petition of petitioner Jitendra Sahni rejected
Jitendra Sahni, a resident of Maharajganj district and the petitioner in this case, is accused of taking advantage of SC by calling himself a Hindu despite adopting Christianity. Rejecting their arguments, the High Court has directed DM Maharajganj to complete the investigation within three months and take action. The court has also ordered the Central Government, UP Government and concerned departments to take necessary steps in this regard.
Conversion for profit called ‘fraud’
The High Court said that the purpose of the SC-ST (Prevention of Atrocities) Act is to protect those classes who have faced caste discrimination the most. Therefore, if a person adopts a religion which does not recognize the caste system, he is no longer entitled to these benefits. Citing the C. Selvarani case of the Supreme Court, the court said that changing religion just to get the facility and then continuing the benefits is a fraud on the Constitution.
The petitioner is surrounded by serious allegations
Jitendra Sahni is also accused of converting poor Hindu families and insulting Hindu gods. Local complainants confirmed this in the court. It was also said that Sahni also resorted to activities inciting enmity.
Who is a Hindu? Court gave legal basis
While defining Hindu identity, the High Court said that Hindus, Sikhs, Buddhists, Jains, Arya Samajis etc. fall in the same category. Whereas those following Muslims, Christians, Parsis and Jews are not considered Hindus. Therefore, after conversion, the benefit of SC quota naturally ends.
Legal path open, but benefits closed
However, the High Court also said that if Sahni wishes, he can apply for discharge in the subordinate court. But now they will not get the facilities of SC quota under any circumstances. This judgment sets a strict and clear direction for all such cases in future.
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