Madras High Court: Convert to Islam Cannot Claim Backward Class Muslim Status

The Madras High Court has ruled that a person converting to Islam cannot claim the status of a Backward Class (BC) Muslim, declaring a 2024 Tamil Nadu government order (GO) that granted reservation in such cases as unconstitutional. A bench of Justices G R Swaminathan and P B Balaji held that categorising certain Muslim sects as backward and others as forward is contrary to Quranic principles.

The court's decision came on a petition from a man who had converted from Hinduism to Islam in 2016 and sought a 'Muslim Lebbai' community certificate, which would entitle him to BC reservation benefits. The tahsildar of Kayathar had rejected his application, leading him to approach the high court.

Justice Swaminathan, writing for the bench, observed: '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 emphasised that while conversion is a fundamental right under Article 25 of the Constitution, claiming reservation benefits after conversion raises questions of legitimacy.

The petitioner argued that only those who already enjoyed BC status before conversion should retain it, and that new converts from forward communities should not automatically receive the tag. He also contended that once a Muslim community (Jamath) accepts a convert and issues a certificate, revenue authorities should not question it. The court, however, rejected these arguments.

The bench noted that the Tamil Nadu government had rightly not included all Muslims under the BC category, instead identifying only specific sects—such as Lebbai, Marakkayar, and others—as backward. It took judicial notice of the fact that certain sects, like Dawoodi Bohras, are socially and educationally advanced. The court stressed that reservation policies are meant to uplift socially and educationally backward classes, and cannot be granted solely on the basis of religion.

Quoting the Quran, the court held that Islam does not recognise caste hierarchy, and thus, granting reservation to converts based on caste distinctions would be antithetical to Islamic teachings. It declared the 2024 GO unconstitutional, citing that it violated the constitutional mandate for reservation based on backwardness rather than religion.

The ruling has significant implications for religious converts seeking reservation benefits in Tamil Nadu. It clarifies that conversion alone does not entitle a person to backward class status, and that the state's identification of backward Muslim sects remains valid.