The Madras High Court has declared unconstitutional a Tamil Nadu government order that allowed people from certain backward, most backward, denotified and Scheduled Caste communities to be treated as “BC (Muslim)” after converting to Islam and to receive community certificates for reservation benefits.
The court said that such classification after conversion cannot be permitted under the Constitution or settled legal principles on religion and citizenship identity.
Court rejects state policy on post-conversion caste classification
The case was heard by a bench of Justice G.R. Swaminathan and Justice P.B. Balaji. The judges examined a government order issued under the Tamil Nadu Backward Classes, Scheduled Castes and Scheduled Tribes Act, 1993, which listed seven Muslim communities—Ansar, Dekkani Muslim, Dudekula, Labbai (including Rowther and Marakkayar), Mappila, Sheikh, and Syed—as “Backward Class Muslims.”
The disputed order further allowed individuals from certain Hindu communities, after converting to Islam, to be issued certificates under one of these listed Muslim sub-groups for reservation purposes.
The bench held that this approach directly conflicted with earlier judicial decisions.
Quoting past rulings, the court observed that once a person converts to Islam, they are recognised only as Muslim in law. The judges noted, “Once a person adopts Islam, he becomes a Muslim. He cannot be placed into a caste or sub-group based purely on birth.”
“Islam does not recognise caste hierarchy,” says court
The court also made broader observations on the nature of religious identity, stating that Islam is based on equality and does not recognise social hierarchy.
It said, “Islam seeks to create an egalitarian society. In the eyes of God, all are equal. There is no social hierarchy. Therefore, to suggest caste-like divisions after conversion is legally and conceptually inconsistent.”
The bench added that while Muslim communities in practice may have social groupings, these cannot be equated with caste-based classification used under Hindu social structure.
The court further said, “A person born into a community like Rowther or Marakkayar cannot be said to ‘become’ that community after conversion. Such classification is determined by birth, not choice.”
Case triggered by conversion-based certificate dispute
The case arose from a petition filed by a man who had converted to Islam in 2015 and later applied for a community certificate identifying him as part of a specific Muslim sub-group for reservation benefits.
His application was rejected by the revenue authorities, leading to a legal challenge. The petitioner argued that a 2024 government order permitted such certification, but the court found the policy legally unsustainable.
Government order struck down as unconstitutional
The bench concluded that the state government order was an attempt to override settled judicial principles. It held that such executive action could not alter constitutional interpretation through administrative notification.
The court ruled that the order was not only unconstitutional but also contrary to the legal framework governing religious conversion and reservation classification.
It observed, “The government has attempted to introduce a mechanism that effectively bypasses judicial decisions. This is impermissible under law.”
