In a significant development following a complaint filed by the SC Cell of Rashtra Jyoti, the National Human Rights Commission (NHRC) has taken cognizance of a serious constitutional violation involving the misuse of Scheduled Caste (SC) benefits post-religious conversion.
The case concerns Darshana, a woman who married a man named Mohammed Nazakat under Islamic rituals.
After her conversion-nikah, she contested on a Scheduled Caste-reserved Zila Panchayat seat from Dhanpura village in Bahadarabad block of Haridwar district in Uttarakhand state.
Darshana, who was born in an SC family, used her old caste certificate to get nominated in the elections.
The NHRC, under the bench presided over by member Priyank Kanoongo, issued an official notice to the District Magistrate of Haridwar on 6 August 2025, directing him to probe the allegations and submit an Action Taken Report (ATR) within two weeks.
The Violation
The complaint, filed through activist Bhupendra Singh Jatav, alleges the following:
1. Darshana, born in a Jatav Dalit family, married Mohammed Nazakat through Islamic Nikah after reciting the Kalma in a mosque – an act documented through video evidence in the form of a video statement by Nazakat.
2. Despite her conversion, Darshana continued to claim her old SC identity and fought the election from a seat reserved for SCs, which is constitutionally reserved only for Hindus, Sikhs and Buddhists under Para 3 of the Constitution (SC) Order, 1950.This act is a fraudulent usurpation of benefits meant for Scheduled Castes and a direct violation of constitutional provisions.
NHRC Notice Highlights
The NHRC notice states that the complaint “prima facie seems to be serious violations of constitutional rights of members of Scheduled Caste community.“
The Commission has instructed the DM to:
–Inquire into the matter urgently.
-Submit an ATR within two weeks.
Rashtra Jyoti’s Stand
There is a pattern where SC individuals convert for marriage or other reasons but continue to exploit SC benefits by hiding their religious identity. This weakens the constitutional safeguards meant for marginalised communities.
The law is clear on this.
Order 3 of the Constitution (SC) Order, 1950 explicitly states:
“No person who professes a religion different from the Hindu, Sikh or Buddhist religion shall be deemed to be a member of a Scheduled Caste.”
The Supreme Court and various High Courts have reiterated this interpretation in multiple judgments.
Read the first report by Rashtra Jyoti on this case here.
What’s Next
This NHRC notice now sets a precedent for action against similar crypto-conversion cases. Rashtra Jyoti will be tracking the DM’s response and pushing for disqualification of Darshana from her post, cancellation of the caste certificate issued to her and criminal prosecution for constitutional fraud.
