A convert to Islam is simply a Muslim, cannot claim reservation benefits, rules Madras HC
Striking down a 2024 Tamil Nadu policy, the court rules that converts cannot claim Backward Class status, citing constitutional limits and Islam's egalitarian principles
In a landmark judgment that reinforces constitutional principles and Islamic theology, the Madurai Bench of the Madras High Court held that a person who converts to Islam becomes 'just a Muslim' and cannot claim the status of Backward Class (Muslim) or membership in any of the seven notified Muslim communities for reservation benefits.
Court strikes down TN Government Order
A Division Bench comprising Justices G R Swaminathan and P B Balaji delivered the ruling on Thursday (June 25) while dismissing a writ petition filed by Sameer Ahamed (formerly Paramasivam) of Thoothukudi district. The court struck down the Tamil Nadu Government Order (Ms) No. 31, dated March 9, 2024, declaring it unconstitutional and upheld the rejection by a Tahsildar.
Also read: Madurai Kamaraj University: Madras HC orders CBI probe into graft charges
Ahamed was born Paramasivam on April 12, 1993, to a Hindu couple, Narayanan and Gomathiammal, in Tuticorin (Thoothukudi) district.
In 2015, he embraced Islam, obtained a certificate from Sunnath Jamath, Kayathar on September 11, 2015, changed his name to Sameer Ahamed, and the name change was gazetted on November 2, 2016. He married Vahitha as per Islamic rites on November 4, 2016, and the couple has two children.
He applied for a community certificate as “Muslim Lebbai” (one of the Backward Class Muslim communities) but the Tahsildar, Kayathar, rejected the application.
Challenging the rejection, he filed WP(MD) No. 7127 of 2022 before the Madurai Bench. The case gained significance after the state government issued G.O. (Ms) No. 31 on March 9, 2024.
Order based on TN backward classes body recommendation
This order, based on a recommendation from the Tamil Nadu Backward Classes Commission (February 6, 2024), allowed persons converting to Islam from Backward Classes (BC), Most Backward Classes (MBC), Denotified Communities (DNC), or Scheduled Castes (SC) to be issued community certificates as belonging to one of the seven notified Backward Class Muslim groups: Ansar, Dekkani Muslims, Dubekula, Labbais (including Rowthar and Marakayar), Mapilla, Sheik and Syed.
The Bench observed that conversion to Islam is a fundamental right under Article 25 of the Constitution. However, once a person converts, they become 'just a Mussalman' and cannot be pigeonholed into any particular sect or community, which is only possible by birth.
Also read: Thirupparankundram row: TN govt challenges Madras HC order in Supreme Court
Justices Swaminathan and Balaji noted that the 2024 G.O. attempted to override this settled judicial position through an executive order, something the executive has no power to do under the doctrine of separation of powers.
A key observation from the judgment was: “As a corollary, we hold that 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.”
The court also pointed out the arbitrariness in the G.O.: It allowed a person from the lowest rung of the social ladder (SC) to be treated on par with BC persons for the purpose of reservation, merely to continue the benefit after conversion. This, the judges said, exposed the inherent flaw in the approach.
Also read: Madras HC gives 'Dhruva Natchathiram' another release buzz and a clearest path yet
On Islamic principles, the Bench quoted the Holy Quran (Surah Al-Hujurat 49:13) and the Farewell Sermon of Prophet Muhammad (Peace Be Upon Him), which emphasise equality and brotherhood among all Muslims, with no superiority except by piety and good deeds.
The court remarked that categorising certain sects as 'Backward' and others as 'Forward' is antithetical to Quranic injunctions and the egalitarian nature of Islam.