Supreme Court Upholds Ruling Against Reservation for Converted Muslims in Tamil Nadu

New Delhi, October 15 (Daily Kiran) : The Supreme Court of India has upheld a Madras High Court ruling that declared a Tamil Nadu government order unconstitutional. This order had allowed individuals from backward classes, extremely backward classes, and scheduled castes to claim reservation benefits as ‘Backward Class (Muslim)’ after converting to Islam.

A bench comprising Justices Prashant Kumar Mishra and Chandrasekhar rejected the Tamil Nadu government’s special leave petition challenging the High Court’s decision, which annulled the government order issued on March 9, 2024.

The Supreme Court justified the High Court’s ruling based on constitutional principles. It stated that an individual from a backward class or scheduled caste cannot automatically carry over reservation benefits upon converting to another religion. The court emphasized that social backwardness tied to a person’s original religious and caste identity does not transfer to a different religious community after conversion.

This case originated from a petition filed by Sameer Ahmed N., who converted to Islam from Hinduism in 2015. He sought a community certificate recognizing him as a ‘Muslim Lebbai,’ but his application was denied by Tamil Nadu revenue officials.

The Madras High Court upheld this rejection, deeming the government order unconstitutional. The order had allowed those from BC, MBC, and scheduled castes who converted to Islam to be classified as ‘Backward Class Muslim’ for reservation purposes.

In its ruling, the High Court stated that the government cannot alter judicial precedents that determine the implications of converting to Islam through an executive order. Citing a previous decision, the bench noted that when a Hindu converts to Islam, they become merely a Muslim, and their previous caste does not dictate their standing in the Muslim community.

The High Court also criticized the government order as arbitrary, as it attempted to merge individuals from distinct reservation categories into a single ‘Backward Class Muslim’ classification.

Ultimately, the court concluded that an individual who converts to Islam cannot claim membership in the notified ‘Backward Class Muslim’ communities solely based on their conversion. The High Court stated, “As a result, we believe that a convert to Islam cannot demand the status of ‘Backward Class Muslim.’ They are just a Muslim, and that is where it ends.”

This ruling follows a similar decision by the Andhra Pradesh High Court, which clarified that individuals who convert to Christianity cannot claim scheduled caste status. In its March 24 ruling, a bench reiterated that anyone adhering to a religion other than Hinduism, Sikhism, or Buddhism cannot be considered a member of a scheduled caste.

The Supreme Court also clarified that if an individual converts to a religion not covered by the Constitution (Scheduled Castes) Order of 1950, their scheduled caste status is “immediately and completely” revoked. The court dismissed a review petition challenging the March 24 ruling, stating there was “no clear error on record” warranting reconsideration of the decision.