Person who converts from Hinduism to Islam can't claim Backward Class Muslim status: Supreme Court

The Supreme Court has upheld the Madras High Court's decision to strike down a Tamil Nadu government order (GO) that allowed persons from Backward Classes, Most Backward Classes, Denotified Communities and Scheduled Castes to be treated as Backward Class Muslims after converting to Islam [The Secretary to Govt v. Sameer Ahamed N].

A Bench of Justices Prashant Kumar Mishra and Shree Chandrashekhar ruled that a person who converts from Hinduism to a non-Hindu religion cannot thereafter seek welfare benefits available to a socially backward class that he belonged to before his religious conversion.

"A person who converts from the Hindu social order to a non-Hindu social order cannot claim affirmative action under Article 16(4) of the Constitution merely on the basis of the social backwardness associated with his pre conversion status. Backwardness suffered in the antecedent social order cannot by itself be carried forward so as to confer upon him the status of a backward class in the religion to which he has converted," the Court said.

The Court went on to observe that the Constitution (Schedule Castes) Order of 1950 also recognises that Scheduled Caste status cannot be extended to persons who are not Hindus, Buddhists or Sikhs.

"By virtue of paragraph 3 of the Constitution (Schedule Castes) Order, a person who professes a religion other than Hinduism, Sikhism or Buddhism cannot be deemed to be a member of a Scheduled Caste. Consequently, a person converted to a religion not specified therein, such person ceases to possess the Scheduled Caste status attached to his antecedent caste and cannot claim any affirmative action benefit of a backward class under Article 16(4) of the Constitution, which is predicated upon membership of a Scheduled caste," the Court held.

The Court went on to observe that even if a convert later reconverts back to Hinduism, he would not be automatically entitled to reclaim his pre-conversion backward status. 

“The social backwardness which formed the basis of the person’s pre-conversion status cannot by itself provide the legal foundation for conferring upon him membership of a different notified backward class community after conversion. Conversely, where a person after having converted from the Hindu social order to a non-Hindu social order, reconverts to Hindu social order, the question of his entitlement to affirmative action under Article 16(4) cannot be determined merely by reference to his antecedent status," the Court held.

The matter concerned a GO dated March 9, 2024 that allowed persons from Backward Classes, Most Backward Classes, Denotified Communities and Scheduled Castes to be treated as Backward Class Muslims after converting to Islam.

One Sameer Ahamed, formerly Paramasivam, who was born to a Hindu couple in Thoothukudi district, had earlier approached the Madras High Court seeking directions to recognise that he continued to belong to a backward community.

Ahamed had converted to Islam in 2015, changed his name, married as per Islamic rites and later applied for a community certificate identifying him as “Muslim Lebbai", one of seven sects recgonised as Backward Class Muslims under a State GO.

The Tahsildar rejected his application. Ahamed then moved the High Court, which dismissed his plea and held the State's March 2024 GO recognising Backward Class Muslims to be unconstitutional.

The High Court held that a person may convert to Islam, but not to a caste or community within Islam for reservation purposes. It described the government order as “not only unconstitutional but also un-Islamic,” observing that Islam’s core theological principle was equality and not social hierarchy.

The State challenged this before the Supreme Court, which dismissed its appeal today.

[Live Coverage]