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Supreme Court Judgment on Religious Conversion and Reservation

The Supreme Court has delivered a significant judgment emphasizing that religious conversions undertaken solely to avail of reservation benefits, without a genuine belief in the adopted faith, amount to a "fraud on the Constitution." This ruling brings clarity to the intersection of religious freedom and reservation policies in India.


Key Observations of the Supreme Court

  1. Religious Freedom under Article 25

    • The Court reaffirmed that every citizen has the right to freely practice and profess a religion of their choice, as guaranteed under Article 25 of the Indian Constitution.

  2. Conversion for Reservation Benefits

    • In the case of C. Selvarani vs Special Secretary, the Court observed that if a conversion is primarily undertaken to derive reservation benefits, without genuine faith in the new religion, it cannot be considered valid.

    • Such actions are seen as a misuse of constitutional safeguards meant to uplift marginalized communities.

  3. Caste and Conversion

    • In an earlier ruling (Mohammad Sadique vs Darbara Singh Guru), the Court clarified that while individuals can change their religion, caste remains linked to birth and cannot be altered by conversion.

    • This distinction is essential as reservation benefits for Scheduled Castes are based on caste identity rather than religious affiliation.


Constitutional and Legal Implications

  1. Balancing Rights and Integrity

    • The judgment balances the fundamental right to religious freedom with the need to prevent misuse of reservation policies designed for socio-economic upliftment.

  2. Preventing Fraudulent Practices

    • By addressing fraudulent conversions, the ruling safeguards the intent of Articles 15(4) and 16(4), which empower the State to make special provisions for socially and educationally backward classes.

  3. Preserving Social Justice

    • The decision upholds the principle of social justice by ensuring that reservation benefits reach those genuinely entitled to them based on caste and socio-economic disadvantage.


Challenges and Way Forward

  1. Implementation

    • Ensuring that the principles outlined in the judgment are effectively implemented requires accurate verification mechanisms for reservation claims.

  2. Awareness

    • The government and civil society must raise awareness about the true intent of reservation policies to discourage fraudulent conversions.

  3. Policy Refinements

    • Revisiting reservation policies to address the complexities of caste and religion in contemporary society is crucial for long-term equity and harmony.



Practice Question

Consider the following statements regarding religious conversion and reservation in India:

  1. Article 25 of the Constitution guarantees the right to profess, practice, and propagate any religion.

  2. The Supreme Court has ruled that caste identity can change through religious conversion.

  3. Reservation benefits for Scheduled Castes are linked to birth and cannot be altered by religious conversion.

Which of the statements given above is/are correct?

(a) 1 and 2 only

(b) 1 and 3 only

(c) 2 and 3 only

(d) 1, 2, and 3


Write your answers in the comment box below.


 
 
 

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