Posted inConstitutional law
In C. Selvarani vs. The Special Secretary Cum District Collector and Ors., the Supreme Court of India held that a person who converts to a religion with the sole intent of claiming reservation benefits is committing a fraud on the Constitution. Religious conversions undertaken for the purpose of gaining benefits of reservation compromise the integrity of the reservation system.
The court clarified that individuals who seek to avail themselves of caste-based reservations must demonstrate a genuine adherence to the religion associated with their claimed caste. Generally, conversion to other religions, such as Islam or Christianity, results in the forfeiture of one’s Scheduled Caste (SC) status and the reservation benefits linked to it.
However, the Kerala High Court noted, in Rosamma Thomas And Anr. vs Circle Inspector Of Police And Ors, that Scheduled Tribe (ST) status is not dependent on religious affiliation. Therefore, individuals who convert to another religion retain their ST status.
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