SEWA NYAYA UTTHAN FOUNDATION
Service. Justice. Inclusion
The National Human Rights Commission (NHRC) has taken cognisance of a complaint filed by Sewa Nyaya Utthan Foundation (SNU) regarding violation of Clause 3 of Constitution (Scheduled Castes) Order, 1950, in Moradabad district, Uttar Pradesh.
The complaint flagged the names of four persons belonging to the Pasi Scheduled Caste community and residing in Village Salempur Bangar, Police Station Civil Lines, who, as per the Foundation’s sources, are professing Christianity while continuing to avail SC-reserved benefits.
The Foundation pleaded that the legal position has been reiterated by the Hon’ble Supreme Court of India in several decisions, which have consistently held that persons professing Christianity are not entitled to claim Scheduled Caste status under the Constitution (Scheduled Castes) Order, 1950, unless otherwise provided by law.
Moreover, in December 2025, Allahabad High Court directed the Uttar Pradesh government to take action against people who have converted to Christianity but continue to avail benefits meant for Scheduled Castes, saying that providing Scheduled Caste benefits to individuals who have converted to Christianity amounts to a “fraud on the Constitution and is contrary to the ethos of reservation policies”.
SNU’s complaint said, “The continuance of Scheduled Caste reservation benefits by persons who have ceased to profess the religion under which such status is recognised would, if established, unlawfully deprive genuine Scheduled Caste beneficiaries of opportunities intended exclusively for them.”
The Commission, after taking cognisance under Section 12 of the Protection of Human Rights Act, 1993, has now issued a notice to the District Magistrate, Moradabad, directing an Action Taken Report (ATR) within two weeks.
“The allegations made in the complaint prima facie seem to be violations of the human rights of the victims,” the Bench of the National Human Rights Commission, presided by Shri Priyank Kanoongo, Hon’ble Member, stated in the order.
SNU welcomes the Commission’s decision to seek a factual report from the district administration. The Foundation will continue to monitor the proceedings before the Commission and extend assistance to authorities as required.
The development is part of SNU’s continuing work on constitutional safeguards for Scheduled Caste communities under its Project Samvidhan initiative, which pursues enforcement of the Constitution (Scheduled Castes) Order, 1950, against irregular retention of reservation benefits.
