A convert to Islam cannot claim the status of Backward Class Muslim, rules Madras High Court

A person who converts to Islam cannot claim the status of a Backward Class Muslim. The Madurai Bench of the Madras High Court ruled that he was merely a Muslim and declared a GO of 2024 to be unconstitutional allowing converts to claim that status.

The court was hearing a petition filed in 2022 by a man from Thoothukudi district who converted to Islam and changed his name. He was born into a Hindu family. The certificate issued by Sunnah Jamaat Kayathar in 2015 stated that the petitioner had accepted Islam.

He had applied for a community certificate certifying that he was a ‘Muslim Lebbai’, a faith he claimed to follow. However, Kayathar Tahsildar rejected the application. He challenged this and moved the court.

Meanwhile, a GO issued in 2024 had ordered that a person who converts to Islam from Backward Classes, Most Backward Classes, Scheduled Communities or Scheduled Castes can be considered as BC (Muslim) by virtue of availing the benefit of reservation and on such conversion, he can be issued community certificate as belonging to one of the seven notified sects.

However, the State said that a person who converts to Islam from an advanced community cannot get the BC (Muslim) tag. Only those who have already enjoyed the benefit of reservation in their original religion will not be deprived of this privilege by virtue of their conversion to Islam. It was stated that social balance would not be affected.

Division Bench Justices GR Swaminathan and PB Balaji said that as early as 1951, the Madras High Court held that when a Hindu converts to Islam, he merely becomes a Muslim and his place in the Muslim society is not determined by the caste to which he belonged before conversion. It was also considered that when a member of one of the castes or sub-castes converted to Islam, he ceased to be a member of any caste. The decision was approved by the Supreme Court.

The court said that Islamic preachers, as well as Christian missionaries, had for decades and centuries maintained that their religions offered social equality, unlike Hinduism, which is caste in nature. The court said, “It is disingenuous to claim that there is a hierarchy in Islam by pretending to ensure conversion. In our opinion, categorizing some sects as Backward and the rest as Forward is against the commands of the Quran. Islam aims to establish an egalitarian society. Everyone is equal in the sight of God. There is no social hierarchy.”

“Be that as it may, for historical reasons, the Islamic society is also divided into various communities. It can even be boldly said that they are related to caste in Hinduism. Just as caste is determined by birth, one is a Rowther, Marakkayar or Deccani Muslim by birth alone. It is absurd to suggest that one can be converted into a Rowther Muslim,” the judges said.

According to the decision of the Madras High Court Division Bench more than 75 years ago, a person becomes a Muslim after converting to Islam. Division Bench stated ‘just a Muslim’. It is not possible for a person to be included in any sect or community simply because he was born there. While the proposal put forward by the Divisional Board is valid, it cannot be withdrawn simply by issuing a government order.

“The doctrine of separation of powers is a principle entrenched in the Constitution and is a fundamental component of the rule of law. This principle applies to final decisions of courts. The legislature cannot declare any decision of a court invalid or ineffective,” the court said.

In this context, it is not possible for the State government to issue an HD that undermines the decision.

“This is exactly what the government has done by admitting that there can be conversion to any of the seven Muslim sects defined as Backward Class Muslims. The sheer arbitrariness of the impugned GO comes into play for one more reason. The recommendation of the Backward Classes Commission and the GO ensures that converts to BC/MBC/DNC/SC are placed in any of the seven slots. An SC is at the lowest rung of the social ladder, BC. The Supreme Court, in a series of decisions, has held that OBCs and SCs constitute separate categories.” ruled,” he said.

Such grouping has been made by the State government only to ensure that converts to Islam continue to enjoy some form of reservation benefit. The court said this revealed the inherent flaw in the approach taken by the government.

The judges said, “We have no choice but to conclude that the government has introduced an innovation that is not only unconstitutional but also contrary to Islam, only to reverse court decisions. When we find that the GO is illegal, it is our mandatory judicial duty to declare it as such. Accordingly, we declare the GO to be unconstitutional” and rejected the petition.