IndiaConversion only for reservation, without ‘actual belief’, a fraud on Constitution: Supreme Court Conversion only for reservation, without ‘actual belief’, a fraud on Constitution: Supreme Court A bench of Justices Pankaj Mithal and R Mahadevan said that “in the instant case, the evidence presented clearly demonstrates that the appellant professes Christianity and actively practises the faith by attending church regularly”.

[27/11, 20:28] sekarreporter1: http://youtube.com/post/UgkxlHPZuNKzJtZ5WG43a5yXVeD76vjBP0RE?si=lZ4D0oJFt2VgpU5S
[27/11, 20:29] sekarreporter1: The Indian Express
Journalism of Courage
Subscribe
Sign In
Home
ePaper
My Express
UPSC
World
India
Explained
Opinion
Politics
Entertainment
Business
Sports
Cities
Lifestyle
Tech
Research
Videos
Mumbai News
Delhi News
Chandigarh News
Bangalore News
Pune News
Lucknow News
Ahmedabad News
Chennai News
In focus
The incident took place around 11 am on Wednesday when the joint team of four researchers from IIT-Delhi and IIT-Gandhinagar had gone to Lothal – the ancient port city – to study paleoclimatology.
PhD student from IIT-Delhi dies as excavation pit collapses over her near Harappan site in Gujarat

inspection, kerela govt
Over 1,400 Kerala govt employees pocketed pension meant for the poor, inspection finds

World Chess Championship 2024 Game 3 Live Updates: Catch all the live action from Game 3 between Gukesh and Ding Liren in Singapore. (PHOTO: FIDE Flickr via Eng Chin An)
World Chess Championship: Ding Liren loses on time to Gukesh in Game 3

Maharashtra caretaker Chief Minister Eknath Shinde held a press conference at his residence in Thane.
‘I am not a hurdle’: Eknath Shinde clears way for BJP CM in Maharashtra

air india mumbai murdrer
Air India pilot found dead in Mumbai, family alleges boyfriend abused her, stopped her from eating non-veg food

NewsIndiaConversion only for reservation, without ‘actual belief’, a fraud on Constitution: Supreme Court
Conversion only for reservation, without ‘actual belief’, a fraud on Constitution: Supreme Court
A bench of Justices Pankaj Mithal and R Mahadevan said that “in the instant case, the evidence presented clearly demonstrates that the appellant professes Christianity and actively practises the faith by attending church regularly”.
Advertisement

Written by Ananthakrishnan G
New Delhi | Updated: November 27, 2024 11:27 ISTNewsguard
clock_logo6 min read
facebook
twitter
whatsapp
Reddit
supreme court, constitution, India secular country, indian express
Writing for the bench, Justice Mahadevan stated, “India is a secular country, and every citizen has the right to practice and profess a religion of their choice, as guaranteed under Article 25 of the Constitution.” (File)
Religious conversion merely to avail quota benefits without “actual belief” in the other religion would defeat the social ethos of the policy of reservation, the Supreme Court ruled Tuesday as it upheld a Madras High Court order denying Scheduled Caste certificate to a born Chrisitian woman who claimed to be a Hindu while seeking the certificate for an Upper Division Clerk job in Puducherry.

Advertisement
A bench of Justices Pankaj Mithal and R Mahadevan said that “in the instant case, the evidence presented clearly demonstrates that the appellant professes Christianity and actively practises the faith by attending church regularly”.

“Despite the same, she claims to be a Hindu and seeks for Scheduled Caste community certificate for the purpose of employment. Such a dual claim made by her is untenable and she cannot continue to identify herself as a Hindu after baptism,” the bench said. “Therefore, the conferment of Scheduled Caste communal status to the appellant, who is a Christian by religion, but claims to be still embracing 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.”

Advertisement
Also Read | Faizan Mustafa writes: UP’s anti-conversion law will create social disharmony
short article insertA larger question on the constitutionality of using religion as a yardstick for Scheduled Caste quota is pending before the Supreme Court. The pleas essentially seek reservation for Dalit converts to Christianity and Islam. The 1950 Constitution (Scheduled Castes) Order issued by the President mandates SC status only for Hindus. For the purposes of reservation, Sikhs and Buddhists are also considered Hindus. In 2007, Justice Ranganath Mishra Commission report on Religious and Linguistic Minorities, had recommended Scheduled Caste quota for Dalit Christians and Muslims.

Writing for the bench on Tuesday, Justice Mahadevan said, “India is a secular country. Every citizen has a right to practise and profess a religion of their choice as guaranteed under Article 25 of the Constitution. 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 the 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.”

Advertisement
Appellant C Selvarani had challenged the January 24, 2023 order of the Madras High Court, which dismissed her writ petition.

She contended that she professes the Hindu religion and she belongs to Valluvan caste, which falls within the ambit of the The Constitution (Pondicherry) Scheduled Castes Order, 1964 and hence, she is entitled to get concession under the Adi Dravida quota. Selvarani argued that right from birth, she has affinity in professing Hinduism and has been going to temples and worshipping Hindu deities.

Also Read | NGOs to lose FCRA licence over conversions, anti-development acts: MHA
The appellant submitted that through various documents, she had been able to prove that she was born to a Hindu father and a Christian mother, who also, after marriage, started to profess the Hindu religion; that her grandparents and great grandparents belonged to Valluvan caste. She also claimed that throughout her educational career, she was treated as belonging to the SC community and the transfer certificates also affirmed her communal status as such; and that her father, and her brother possessed SC certificates.

Advertisement
However, the bench which perused the facts of the case said “the report submitted by the Village Administrative Officer, after a detailed enquiry and through the documentary evidence collected” clearly establish that her father belonged to Scheduled Caste community and mother was a Christian and their marriage was performed as per the Christian rituals. It said that “thereafter, the appellant’s father had converted to Christianity through baptism; baptism of the appellant’s brother was done on 07.05.1989; and the appellant was born on 22.11.1990 and she was baptized on 06.01.1991 at Lourdes Shrine, Villianur, Pondicherry within two months”.

“Therefore, it is clear that the appellant was a born Christian and she would not be entitled to claim the certificate under Scheduled Caste category,” it said.

The bench said “the appellant and her family, if they really intended to get themselves converted, ought to have done some positive act to evince such conversion rather than a meek claim to be practising Hinduism”.

Advertisement
Also Read | UP govt proposes strengthening anti-conversion law: why, what are the key changes?
“One of the methods of conversion is by adopting a procedure prescribed through the Arya Samaj. A public declaration to the effect of evincing conversion could also have been made,” it said.

The court rejected as “feeble” the woman’s argument that her baptism was done when she was less than three months old, saying “the same does not inspire our confidence as she did not make any attempt to cancel the registration of baptism nor she filed any declaratory suit in this regard”.

The court said that “the field verification clearly revealed the registration of the marriage of the parents of the appellant under the Indian Christian Marriage Act, 1872, the baptism of the appellant and her brother and also the fact that they had been regularly attending the church… There is nothing on record to show that she or her family has reconverted to Hinduism and on the contrary, there is a factual finding that the appellant still professes Christianity”.

© The Indian Express Pvt Ltd
Ananthakrishnan G
Ananthakrishnan G
facebook
twitter
Ananthakrishnan G. is a Senior Assistant Editor with The Indian Express. He has been in the field for over 23 years, kicking off his journalism career as a freelancer in the late nineties with bylines in The Hindu. A graduate in law, he practised in the District judiciary in Kerala for about two years before switching to journalism. His first permanent assignment was with The Press Trust of India in Delhi where he was assigned to cover the lower courts and various commissions of inquiry. He reported from the Delhi High Court and the Supreme Court of India during his first stint with The Indian Express in 2005-2006. Currently, in his second stint with The Indian Express, he reports from the Supreme Court and writes on topics related to law and the administration of justice. Legal reporting is his forte though he has extensive experience in political and community reporting too, having spent a decade as Kerala state correspondent, The Times of India and The Telegraph. He is a stickler for facts and has several impactful stories to his credit…. Read More

First uploaded on: 27-11-2024 at 04:00 IST
Tags:
conversion law
illegal conversion
religion conversion
Religious conversions
Knowledge nugget of the day: Storm Shadow and Oreshnik
UPSC Essentials | Mains answer practice — GS 2 : Questions on use of Artificial Intelligence (AI) in governance and RCEP (Week 79)
AICMY
|
Sponsored by Taboola
AI-Powered Stock Analysis and Share Price Forecasts
UPSC Essentials | Daily subject-wise quiz : Environment and Geography MCQs on Ecomark Scheme, tropical cyclone and more (Week 86)
UPSC Essentials | Daily subject-wise quiz : Science and Technology MCQs on Methanol poisoning, ground station as a service (GSaaS) and more (Week 86)
Skip AdDiscoverRead More
Medical practitioners seek Rahul Gandhi’s apology over ‘disparaging’ remarks against Biden
In a letter to former Congress chief and Rahul Gandhi’s mother Sonia Gandhi, All India President of the National Medicos Organisation Bharat (NMO-Bharat) C B Tripathi said Rahul Gandhi’s comments perpetuate harmful stereotypes about ageing and cognitive health.
IndianExpress
If you were born between 1964 and 1994, you can earn extra income
Answerly
|
Sponsored
If you were born between 1964 and 1994, you can earn extra money
Answerly
|
Sponsored
Save upto 25% on Health Insurance for Senior Citizens
30 minutes claim support* + Easy EMI Available
Policybazaar
|
Sponsored
Home Interiors With 10 Years Warranty
Look no more! Get hassle-free interiors from start to finish with HomeLane
HomeLane
|
Sponsored
UPSC Pack
Express PremiumIn Punjab homes, living with statues: Grandfather is dead, long live the grandfather
X
Top Categories
Explained News
Political Pulse
Latest Opinion
Mumbai News
Delhi News
Pune News
Bangalore News
Bollywood News
Health News
India News
Sports News
Lifestyle News
Latest News
Cricket
Tech Reviews
Gadgets
Mobile & Tabs
Food & Wine
Elections 2024
Fitness
Trending News
Maharashtra Govt Formation
Horoscope Today
Cyclone Fengal Live
World Chess Championship Live
CSK Team 2025 Players List
LSG Team 2025 Players List
GT Team 2025 Players List
RR Team 2025 Players List
Live Cricket Score
MI Team 2025 Players List
RCB Team 2025 Players List
DC Team 2025 Players List
SRH Team 2025 Players List
Stock Market
International Videos
SA vs SL 1st Test
LATEST STORIES
‘If I join the BJP then I think all my bans will be lifted’: Bajrang Punia reacts to NADA suspension
‘Promote peaceful coexistence’ for Hindus: Iskcon Bangladesh denounces seer Chinmoy Krishna Das’ arrest
Change in timing of change of guard ceremony from Nov 30: Rashtrapati Bhavan
Over 1,400 Kerala govt employees pocketed pension meant for the poor, inspection finds
Art and Culture with Devdutt Pattanaik | How do you explain Caste to a non-Indian?
Key takeaways from Eknath Shinde’s message as decks cleared for BJP CM
Airfares have moderated in 2024 relative to 2023, says govt
Regal Jewellers’ Vision for the Next 2 Years: Expanding Across South India with New Branches in Karnataka, Tamil Nadu, and Telangana
Jhansi medical college fire: UP govt removes principal, suspends 3 staff members
In Pune, BJP, Shiv Sena workers seek divine intervention to get CM of their choice
Border Gavaskar Trophy | ‘Top teams like Australia don’t do that. I do not expect any wholesale changes for Adelaide’: Ravi Shastri on AUS’s criticism post Perth loss
Rajkummar Rao explains why he asked Patralekha to apply sindoor on him at their wedding; reveals they ‘weren’t comfortable’ with some traditions
Interview for new TISS VC in December, 10 candidates shortlisted
Barred from visiting temple inside Udaipur city palace, new Mewar royal family ‘head’ visits another one
67 per cent public transport users change mode of travel due to last mile connectivity issues in Ahmedabad, finds a study by CEPT University students
Accepting neurodiversity and promoting inclusion
Follow Us
Facebook
Twitter
Linkedin
Instagram
Download Apps
Android
iPhone
NewsguardNewsguard
The Indian Express website has been rated GREEN for its credibility and trustworthiness by Newsguard, a global service that rates news sources for their journalistic standards.
Express Group
The Indian Express
ieTamil.com
The Financial Express
ieBangla.com
Loksatta
ieMalayalam.com
Jansatta
ieGujarati.com
inUth
IE Education
The ExpressGroup
MyInsuranceClub
Newsletters
26/11 Stories of Strength
Ramnath Goenka Excellence in Journalism Awards
Online Classes for Kids
Light House Journalism
Compare Term Insurance
Careers
Quick Links
T&C