SEWA NYAYA UTTHAN FOUNDATION
Service. Justice. Inclusion
The National Human Rights Commission (NHRC) has initiated an inquiry into allegations that a government school teacher in Uttar Pradesh has continued to avail Scheduled Caste reservation benefits despite converting to Christianity.
Acting on a complaint filed by Sewa Nyaya Utthan Foundation (SNU)‘s SC/ST cell, the Commission has taken cognisance of the matter under Section 12 of the Protection of Human Rights Act, 1993, and issued notices to the Principal Secretary, Department of Social Welfare, Government of Uttar Pradesh, the Additional Chief Secretary, Department of Basic Education, and the District Magistrate, Lakhimpur Kheri, directing them to conduct an inquiry and submit an Action Taken Report (ATR) within two weeks.
The complaint alleged that Shiv Prasad Gautam, a government school teacher in Lakhimpur Kheri, continued to occupy a post reserved for Scheduled Castes after converting to Christianity. A sting operation by Dainik Bhaskar portal exposed a religious conversion network operating in Dalrajpur village, in which the teacher and his wife were active participants and he was subsequently arrested.
SNU submitted that Paragraph 3 of the Constitution (Scheduled Castes) Order, 1950 provides that a person who converts to Christianity ceases to be recognised as a Scheduled Caste and is therefore no longer entitled to reservation benefits meant for Scheduled Castes.
The complaint argued that continuing to hold a reserved post after such conversion would deprive genuine Scheduled Caste candidates of opportunities guaranteed under the Constitution.
After examining the complaint, the NHRC observed that the allegations prima facie appear to involve violations of the human rights of the victim and directed the concerned Uttar Pradesh authorities to investigate the allegations and place their findings before the Commission.
Sewa Nyaya Utthan Foundation welcomed the Commission’s intervention and stated that it will continue to pursue the matter to ensure that constitutional safeguards governing Scheduled Caste reservations are implemented fairly and that any misuse of reservation benefits is appropriately investigated.
