Converting religion to get reservation is a scam: Supreme Court action order – Special package!

The Supreme Court of India recently delivered a significant judgment against changing one’s religion solely to avail the benefits of reservation. This decision reaffirms the core purpose of reservation policies and upholds the principles of the Indian Constitution. Let’s explore the details:

Purpose of Reservation in India

Reservation in India is a social justice measure introduced to uplift socially and economically disadvantaged communities. It primarily targets:

• Scheduled Castes (SCs): Historically oppressed communities within the Hindu social structure.
• Scheduled Tribes (STs): Indigenous and tribal communities with unique socio-economic challenges.
• Other Backward Classes (OBCs): Socially and economically backward groups.

The reservation aims to bridge the gap caused by systemic discrimination and ensure equitable opportunities in education, employment, and political representation.

Impact of Religious Conversion

Religious conversion, undertaken to claim reservation benefits, dilutes the intended objective of these policies:

• SC Reservation Limitations: According to the 1950 Presidential Order, only those practicing Hinduism, Sikhism, or Buddhism can avail SC reservations. Converts to other religions, such as Christianity or Islam, are excluded.
• Compromising Social Justice: Using religious identity for reservation undermines the system’s integrity and denies benefits to deserving candidates.

The Selvarani Case

The Selvarani case highlights this issue:

• Selvarani’s family had converted to Christianity, but she claimed to be Hindu to seek SC reservation benefits.
• Investigations revealed her active practice of Christianity, leading authorities to deny her an SC certificate.
• The Madras High Court dismissed her claim, stating that she could not identify as Hindu for reservation purposes after conversion.
• Selvarani appealed to the Supreme Court, which upheld the High Court’s decision, asserting that conversion nullifies eligibility for SC reservation.

Supreme Court’s Key Observations

1. Misuse of Religious Identity:
   • Changing religion to exploit reservation benefits is unconstitutional.
   • Claiming SC benefits post-conversion is a violation of the policy’s essence.
2. Protecting the Constitution’s Integrity:
   • Reservation policies under Article 341 are designed to rectify caste-based oppression within specific religions.
   • Exploiting these benefits through misrepresentation threatens constitutional principles.
3. Upholding Social Reform:
   • Justice ensures that reservation benefits reach genuine beneficiaries.
   • The court reinforced that caste identity does not transcend religious conversion for specific entitlements.

Social and Political Implications

• Strengthening Social Justice:
  • The judgment ensures reservation reaches those who genuinely need it, preserving its integrity.
  • It promotes equitable distribution of opportunities among disadvantaged communities.
• Impact on Politics:
  • Prevents the misuse of reservation policies for political gain.
  • Pushes political parties to focus on caste and economic realities rather than religious identities.

Precedents in Similar Cases

1. Dharma Adi Devaki Case (1985): Denied reservation benefits to converts, establishing a precedent.
2. S.R. Bommai Case (1994): Stressed that secularism should remain untainted by religious considerations in politics.

Core Lessons from the Judgment

1. Reservations must not be based on religious identity but on genuine social disadvantage.
2. The integrity of the reservation system is paramount for achieving social equality.

This landmark ruling sends a clear message: exploiting religion to claim benefits undermines constitutional values and social justice.