'Fraud on constitution': SC rules against religious conversion for reservation benefits

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In a landmark judgement, the Supreme Court of India ruled that religious conversions carried out solely to claim reservation benefits, without genuine belief in the adopted religion, constitute a "fraud on the Constitution". The verdict was delivered by a bench of Justices Pankaj Mithal and R Mahadevan on November 26, as per PTI reports.

The court dismissed the plea of C Selvarani, who had challenged a Madras High Court decision from January 24 that denied her a Scheduled Caste (SC) certificate. Selvarani, born to a Hindu father and a Christian mother, was baptised as a Christian but later claimed to be Hindu to access reservation benefits for employment.

Justice Mahadevan, writing the 21-page judgement for the bench, observed that religious conversion should stem from genuine inspiration by the principles and tenets of the adopted faith. "However, if the purpose of conversion is to derive reservation benefits rather than a sincere belief in the religion, such actions are impermissible. They undermine the social ethos of the reservation policy," he noted.

The bench highlighted that Selvarani continued to practise Christianity, attending church regularly, despite claiming to have reverted to Hinduism. Her dual claims, the court stated, were "untenable" and contradicted the objectives of India's reservation policies, which aim to uplift marginalised communities.

The evidence presented confirmed that Selvarani's father, though born into the Valluvan caste (classified as SC), had converted to Christianity, thereby losing caste identity. The apex court underscored that individuals converting to another religion lose their caste status and must provide substantial evidence of reconversion and acceptance by their original caste to regain SC benefits.

The bench noted a lack of credible evidence supporting Selvarani's reconversion to Hinduism. "There was no public declaration, ceremony, or credible documentation to prove her return to Hinduism or acceptance by the Valluvan caste. On the contrary, factual findings indicated she continued practising Christianity," the judgement observed.

The court further emphasised that while caste identity is lost upon conversion to Christianity, its resumption requires more than mere claims. Selvarani's argument that her caste was "under eclipse" during conversion and could be reinstated upon reconversion was deemed "unsustainable".

The ruling also addressed the broader implications of conversions made for ulterior motives, stating that such actions erode the fundamental social objectives of reservation policies. "Conversion purely for reservation benefits, devoid of belief, is impermissible," the bench declared.

The Supreme Court's decision aligns with the spirit of India's Constitution, reinforcing the integrity of reservation policies and protecting their intent to support truly marginalised groups.

According to PTI, the judgement reaffirms that caste identity is fundamentally linked to one's faith and community acceptance. In cases of disputed reconversion, compelling evidence is essential to validate claims, the court concluded.

(With inputs from PTI)