Converting to Islam does not automatically entitle a person to ‘Backward Class Muslim’ status !

• Important observation by the Madras High Court

• A person born into a Backward Class Hindu family is not entitled to reservation benefits as a Backward Class Muslim after conversion !

Chennai (Tamil Nadu) – Merely converting to Islam does not entitle a person to claim the status of a ‘Backward Class Muslim’. While a person may become a Muslim through conversion, claiming membership of a particular Muslim community solely for the purpose of obtaining reservation benefits is not legally permissible, the Madras High Court observed in a significant ruling. The Court held, “A convert to Islam cannot claim the status of Backward Class Muslim. He is only a Muslim, and that’s all there is to it.”

Tamil Nadu Government’s order declared unconstitutional !

A Division Bench comprising Justices G.R. Swaminathan and P.B. Balaji declared unconstitutional the Tamil Nadu Government Order dated 9 March 2024. The order provided that any person belonging to the Backward Classes, Most Backward Classes, Denotified Communities or Scheduled Castes could be classified as a ‘Backward Class Muslim’ after converting to Islam. The verdict was delivered while hearing a petition filed by Sameer Ahmed.

What is the case about ?

1. Sameer Ahmed, a resident of Tuticorin district, was born a Hindu and converted to Islam in 2015. Thereafter, he applied for a certificate declaring him to be a member of the ‘Muslim Lebbai’ community.
In Tamil Nadu, the Lebbai community falls under the Backward Class Muslim category.
However, the local Tehsildar rejected Sameer Ahmed’s application. Aggrieved by this, Ahmed filed a petition before the High Court.

2. Ahmed’s argument: Referring to a Government Order issued in 2024, the petitioner argued that persons belonging to reserved categories who convert to Islam are eligible to obtain a certificate declaring them members of the Backward Class Muslim community.

3. Tamil Nadu Government’s argument: The State Government submitted that the order was based on the recommendations of the Tamil Nadu Backward Classes Commission. Its objective was to ensure that persons who were receiving reservation benefits before conversion would continue to receive those benefits even after embracing Islam.

Important aspects of the High Court’s observations !

1. Rejecting the State Government’s argument, the Court clarified that a Government Order cannot override an earlier judicial decision. Referring to the 1951 judgment in G. Michael vs S. Venkateswaran, the Court held that after converting to Islam, a person is only a Muslim and cannot claim the status of a Backward Class Muslim.

2. Although there are communities such as Rowther, Marakkayar, Lebbai and Dakhni among Muslims, membership of these communities is acquired by birth and not by conversion. The Court observed, “It is ridiculous to suggest that one can be converted into a Rowther Muslim.” Therefore, a person cannot claim membership of a particular Muslim community solely to obtain reservation benefits.

3. Clubbing together converts from diverse backgrounds under the ‘Backward Class Muslim’ category is arbitrary. It has no constitutional or legal basis. Such a classification undermines the rule of law and the authority of the judiciary.

4. The Court observed that Islam seeks to establish an egalitarian society in which everyone is equal in the eyes of God and there is no social hierarchy. Therefore, the Government Order is not only unconstitutional but also contrary to the fundamental principles of Islam.

5. The Court upheld the Tehsildar’s decision and dismissed the petitioner’s application for a ‘Muslim Lebbai’ community certificate.