SELVARANI [APPELLANT] Vs. THE SPECIAL SECRETARY- CUM- DISTRICT COLLECTOR AND OTHERS [RESPONDENT(S)]
CIVIL APPEAL NO. 13086 OF 2024
(2JB, Pankaj Mithal and R. Mahadevan JJ., delivered by R.MAHADEVAN, J.)
In a significant ruling, the Supreme Court in C. Selvarani V. The Special Secretary-Cum District Collector held that religious conversion should be driven by genuine spiritual beliefs and not for the purpose of gaining administrative advantages, such as eligibility for reservations. This decision reinforces the integrity of India’s reservation system, which is intended to uplift historically disadvantaged communities, and addresses fraudulent attempts to manipulate the system. C. Selvarani, born in 1990 to Christian parents, claimed that her paternal family originally belonged to the Valluvan caste, a Scheduled Caste in Pondicherry. After applying for a government position under the Scheduled Caste category in 2015, her application was rejected as she was considered Christian by religion, despite claiming her family practiced Hinduism. Selvarani contested the rejection, citing her baptism as an infant and the Scheduled Caste certificates previously issued to her family.
The Supreme Court emphasized that conversion generally leads to a loss of caste status and that the burden of proof lies on the appellant to demonstrate genuine reconversion to Hinduism. The Court found that Selvarani failed to provide sufficient evidence of her reconversion or acceptance by the original caste community. It also noted that her claims of conversion were likely motivated by the desire to access reservation benefits, which undermines the constitutional objective of social justice. The Court referenced earlier judgments which establish that reconversion requires more than personal claims—it requires acceptance by the original caste community. It also pointed out that the authorities had followed proper procedures in verifying her claims, giving her ample opportunities to present evidence.
The Supreme Court reaffirmed that reservation policies are meant to benefit marginalized groups and that fraudulent claims to these benefits undermine social justice. It also reiterated that religious conversion should not be driven by the desire to gain reservation benefits but should be motivated by genuine spiritual belief. The Court’s decision comes amid concerns about the integrity of the reservation system, which aims to promote equality and uplift disadvantaged communities. The system, however, has faced issues, including fraudulent claims, inadequate scrutiny, and misuse of certificates, particularly in categories like Non-Creamy Layer (NCL), Economically Weaker Section (EWS), and disability certificates.
Additionally, there are concerns about the concentration of benefits among a few castes, the lack of sub-categorization within reserved categories, and the absence of regular reviews. The Court’s ruling highlights the importance of maintaining the sanctity of the reservation system to ensure it serves its intended purpose. The Court’s ruling also aligns with the ongoing debate on religious conversion in India, where several states have enacted anti-conversion laws. These laws aim to regulate conversions, particularly those deemed coerced or fraudulent. While the Constitution guarantees the right to religious freedom under Article 25, it also imposes limitations to prevent forced conversions.