RSS won’t accept Constitution: Senior advocate Prashant Bhushan
Bengaluru, September 2: Senior advocate and social activist Prashant Bhushan said that the RSS would not accept the Constitution, but it would oppose it.
Speaking at Sahitya Sammelan Dakshinayana for Harmony at the Central College here on Sunday, he said that those who are in public life and power should decide to protect the Constitution. But the RSS has never done this work. Interestingly, those who have been opposing the Constitution and posting hateful messages in social media have been following the Prime Minister’s social media. They were inviting them and take selfies. The Organised Army of the RSS has been doing the work of manipulating the news and posting them in social media, he said.
Through false and fabricated news, the thinking process of the people was being changed. But it was not feeding the farmers. Dalits and tribals were being suppressed and exploited and they were not getting justice, he said.
“There is undeclared emergency in the country and the situation is so worst and weak. Those who speak and write against the government are being targeted. Most of the media houses are under the direct control of the central government. They are either being threatened of cancelling the permission or bribing. BJP and Hindu activists are trying to build Hindu nation. They are not respecting the unity in diversity. Thinking freedom in JNU is being suppressed. If it is questioned, they threaten to close the university. They are planning to change the entire education system as they want. Awareness should be created against this. The message which respect the diversity should be spread among people”, he said.
Let the Truth be known. If you read VB and like VB, please be a VB Supporter and Help us deliver the Truth to one and all.
'Fraud on Constitution': SC rules against religious conversion for quota benefits
New Delhi (PTI): In a significant verdict, the Supreme Court has said religious conversions undertaken solely to avail reservation benefits without genuine belief amounted to a "fraud on the Constitution".
Justices Pankaj Mithal and R Mahadevan passed the verdict on November 26 in a case filed by one C Selvarani and upheld a Madras High Court decision of January 24 denying a scheduled caste certificate to a woman who converted to Christianity but later claimed to be a Hindu to secure employment benefits.
Justice Mahadevan, who wrote the 21-page verdict for the bench, further underscored that one converted to a different religion, when they were genuinely inspired by its principles, tenets and spiritual thoughts.
"However, if the purpose of conversion is largely to derive the benefits of reservation but not with any actual belief in the other religion, the same cannot be permitted, as the extension of benefits of reservation to people with such ulterior motives will only defeat the social ethos of the policy of reservation,” he noted.
The evidence presented before the bench was found to have clearly demonstrated that the appellant professed Christianity and actively practiced the faith by attending church regularly.
"Despite the same, she claims to be a Hindu and seeks for a SC community certificate for the purpose of employment," it noted.
"Such a dual claim made by her," said the bench "was untenable and she cannot continue to identify herself as a Hindu after baptism".
The top court, therefore, held the conferment of scheduled caste communal status to the woman, who was a Christian by faith, but claimed to be still embracing Hinduism only for the purpose of availing reservation in employment, "would go against the very object of reservation and would amount to fraud on the Constitution".
The top court underlined a religious conversion solely to access reservation benefits, without genuine belief in the adopted religion, undermined the fundamental social objectives of the quota policy and her actions were contrary to the spirit of reservation policies aimed at uplifting the marginalised communities.
Selvarani, born to a Hindu father and a Christian mother, was baptised as a Christian shortly after birth but later claimed to be a Hindu and sought an SC certificate to apply for an upper division clerk position in Puducherry in 2015.
While her father belonged to the Valluvan caste, categorised under scheduled castes, he had converted to Christianity, as confirmed by documentary evidence.
The verdict said the appellant continued to practice Christianity, as seen by the regular church attendance, making her claim of being a Hindu untenable.
The bench noted individuals converting to Christianity lose their caste identity and must provide compelling evidence of reconversion and acceptance by their original caste to claim SC benefits.
The judgement said there was no substantial evidence of the appellant's reconversion to Hinduism or acceptance by the Valluvan caste.
Her claims lacked public declarations, ceremonies, or credible documentation to substantiate her assertions, it pointed out.
"One converts to a different religion when genuinely inspired by its principles. Conversion purely for reservation benefits, devoid of belief, is impermissible," the bench held.
The apex court opined in any case, upon conversion to Christianity, one lost their caste and couldn't be identified by it.
"As the factum of reconversion is disputed, there must be more than a mere claim. The conversion had not happened by any ceremony or through 'Arya Samaj'. No public declaration was effected. There is nothing on record to show that she or her family has reconverted to Hinduism and on the contrary, there is a factual finding that the appellant still professes Christianity,” it noted.
The bench said there was evidence against the appellant, and therefore, her contention raised that the caste would be under eclipse upon conversion and resumption of the caste upon reconversion, was "unsustainable".
