'Conversion Ends SC Status': Allahabad HC Directs Statewide Verification on False Caste Claims by Converts

The Allahabad High Court recently declined to quash criminal proceedings against a man accused of insulting Hindu religious beliefs and attempting religious conversions, but before closing the matter, the court flagged a striking inconsistency. The applicant was alleged to be a Christian priest, yet his own affidavit before the court described him as Hindu.

Jitendra Sahani, the accused, approached the high court with an application under Section 482 CrPC seeking to quash proceedings initiated against him under Sections 153A and 295A of the Indian Penal Code. He is accused of promoting enmity and making derogatory remarks about Hindu deities during prayer meetings he allegedly conducted.

The FIR, filed in December 2023, also accused him of attempting to convert villagers by offering financial benefits. Sahani denied the allegations, arguing that he was merely conducting Christian prayer gatherings on his own land with prior administrative permission.

His counsel said the accusations were “false and motivated,” adding that witnesses had not supported the prosecution’s version during the investigation.

The State, however, pointed to a witness statement alleging that Sahani, who was earlier a Hindu, had become a Christian priest and had been using “abusive and insulting” language while speaking about Hindu faith. The witness also alleged that he tried to persuade people to convert.

The bench of Justice Praveen Kumar Giri dismissed Sahani’s plea, noting that the High Court cannot conduct a mini-trial under Section 482 CrPC. The judge said Sahani was free to raise all his objections, including the claim that the legal ingredients of Sections 153A and 295A were missing, before the trial court in a discharge application.

But, before parting with the matter, while examining Sahani’s affidavit, court noted a “serious inconsistency” that Sahani allegedly embraced Christianity and works as a priest, but his affidavit filed in support of the petition describes him as Hindu. This, the court said, raised deeper legal concerns relating to caste identity, conversion, and reservation status.

Justice Giri discussed multiple constitutional provisions and Supreme Court judgments to emphasize a settled legal position that a person who converts to Christianity, Islam or any other non-Hindu religion cannot claim Scheduled Caste status, because the Constitution (Scheduled Castes) Order, 1950 restricts SC status to Hindus, Sikhs and Buddhists.

Citing the Supreme Court’s decisions in Soosai, K.P. Manu, and more recently C. Selvarani (2024), the High Court reiterated that continuing to seek Scheduled Caste status after conversion amounts to a “fraud on the Constitution.”

Court also noted that caste-based discrimination is not recognized in Christianity, and therefore the basis for Scheduled Caste reservation does not survive once a person adopts that faith.

Therefore, taking a serious view, court directed the District Magistrate of Maharajganj to verify Sahani’s religious status within three months and take strict action if he is found to have filed a false affidavit.

Court also directed the Cabinet Secretary, the Chief Secretary of Uttar Pradesh, and senior officials of the Social Welfare and Minorities Welfare Departments to ensure that the law on reservation and conversion is enforced “in true sense".

Additionally, all District Magistrates in the state have been directed to act within four months to prevent such misrepresentations in future.

Case Title: Jitendra Sahani vs. State of UP

Order Date: November 21, 2025

Bench: Justice Praveen Kumar Giri