Allahabad High Court Dismisses Application Challenging Charges of Religious Enmity Promotion

Conversion to Christianity and Scheduled Caste Benefits Under Scrutiny in Landmark Judgment

In a significant ruling, the Allahabad High Court, presided over by Justice Praveen Kumar Giri, dismissed the application filed by Jitendra Sahani seeking to quash proceedings against him under Sections 153A and 295A of the Indian Penal Code. The charges pertain to promoting enmity between different religious groups and outraging religious feelings. The court emphasized the lack of merit in the application and advised the applicant to seek discharge through the trial court.

The case, which has drawn attention due to its implications on religious conversion and caste benefits, revolves around allegations that Sahani, after converting to Christianity, organized prayer meetings promoting conversion, causing public disorder. The prosecution argued that Sahani, originally from the Hindu community, leveraged his conversion to fraudulently claim Scheduled Caste benefits, a move seen as unconstitutional under the Constitution (Scheduled Caste) Order, 1950.

The court referenced significant Supreme Court judgments, including Soosai v. Union of India and C. Selvarani v. Special Secretary-cum-District Collector, highlighting that conversion to Christianity renders an individual ineligible for caste-based benefits. The judgments underscore that such claims post-conversion amount to a "fraud on the Constitution."

In a directive aimed at preventing constitutional fraud, the High Court ordered the District Magistrate of Maharajganj to investigate Sahani's religious status and take legal action if forgery is discovered. Additionally, central and state authorities, including the Cabinet Secretary and the Chief Secretary of Uttar Pradesh, have been instructed to ensure adherence to laws governing Scheduled Castes and Tribes.

This judgment reinforces the legal framework surrounding caste-based reservations and conversion, emphasizing the need for genuine religious belief rather than strategic conversion for benefits. The court's decision marks a critical stance on upholding constitutional principles and preventing misuse of caste benefits.

Bottom Line:

Conversion to Christianity and its implications on Scheduled Caste benefits and the legal framework under the Constitution and relevant laws.

Statutory provision(s): Sections 153A, 295A of IPC, Section 482 Cr.P.C., Article 341 of the Constitution of India, Constitution (Scheduled Caste) Order, 1950, SC/ST (Prevention of Atrocities) Act, 1989

Jitendra Sahani v. State of U.P., (Allahabad) : Law Finder Doc Id # 2815495