Kozhikode(Kerala), Oct 2: The family of lorry driver Arjun, who died in the Shirur landslide in Uttara Kannada district of Karnataka, on Wednesday accused the vehicle owner Manaf of using their emotions for his personal gain, an allegation denied by him.
Arjun's family held a press conference at their residence here and told reporters that Manaf, who was initially with them, was now using their emotions for his personal gain, including collecting funds from various sources.
They also claimed that he was characterising them as destitute which was hurtful as many of the family members have jobs.
Arjun's widow, brother-in-law, sisters and parents told TV channels that several efforts were made to get in touch with Manaf to request him to stop saying wrong things about the family on his Youtube channel, but he was ignoring them and not taking their calls.
They warned of legal measures if Manaf did not stop making statements about Arjun and seeking funds in his name.
They also said that no one should give him money in the name of Arjun as the family does not need any financial assistance.
Manaf, reacting to the accusations, said if they can prove he collected funds in Arjun's name, he was willing to be stoned to death.
The lorry owner said he started the Youtube channel when he was alone in Shirur and was making all possible efforts to ensure the search for Arjun's remains was not stopped.
"I made the Youtube channel to ensure no one forgets about him. Now I am speaking on it regarding various issues faced by me during that time. What is wrong with that," he said.
He further said that despite Arjun's family's various accusations, he still considers them as his family and will continue to treat them as such.
On September 25, after Arjun's remains were recovered along with the lorry from Gangawali river near Shirur village, Manaf had said that his efforts to get Arjun back to his family had been vindicated
He had also said that he fulfilled the promise to Arjun's family, especially his father and infant son, that he would be brought back to them.
The July 16 landslide on National Highway 66 claimed the lives of nine people, including that of Arjun.
Manaf had stayed in Karnataka for more than two months till Arjun's remains were recovered from the river.
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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".