The Allahabad High Court
Credit: PTI Photo
Lucknow: In a significant decision, the Allahabad high court has said that the protective provisions of the SC/ST (Prevention of Atrocities) Act cannot be extended to persons who have embraced another faith wherein the caste system is not recognised.
A single bench comprising Justice Praveen Kumar Giri gave this ruling while dismissing a petition filed by one Jitendra Kumar Sahni, who hailed from SC community, but had converted to christianity, challenging his prosecution under different sections for denigrating Hindu gods and goddesses.
In the affidavit filed in the court Sahni sought protection under the SC/ST Act stating that he belonged to an SC community.
The Court said that caste-based discrimination did not exist within the Christian faith, and therefore the basis for Scheduled Caste classification stood nullified upon conversion, irrespective of the existence of any previously issued caste certificate.
‘’The SC/ST (Prevention of Atrocities) Act is intended to protect communities that historically faced caste-based discrimination. Consequently, its protective provisions cannot be extended to persons who have embraced another faith wherein the caste system is not recognized,’’ it added.
The court directed the district magistrate, Maharajganj to enquire into the matter regarding religion of the applicant, within three months and if he was found guilty of forgery, take strict action against him in accordance with law so that such affidavits might not be filed before this Court in future.
It also directed the cabinet secretary, Government of India, Chief Secretary, Government of Uttar Pradesh to look into the matter of Scheduled Castes, Scheduled Tribes and other Backward Classes as well as the provisions of law and act in accordance with law.
‘’All the District Magistrates of the State of Uttar Pradesh are directed to act in accordance with law within four months and communicate to the Chief Secretary, State of Uttar Pradesh and other Principal/Additional Chief Secretary, so that such fraud on the Constitution may not occur as per observation made by the Supreme Court,’’ the court said.