Supreme Court rules religious converts cannot claim Muslim backward class reservation benefits

NEW DELHI The Supreme Court has ruled that individuals who convert from Hinduism to Islam cannot claim reservation benefits under the Muslim backward class category, holding that pre-conversion social status does not automatically entitle converts to affirmative action.

A bench of Justices PK Mishra and Shree Chandrashekhar dismissed an appeal filed by the Tamil Nadu government, upholding a Madras High Court judgment that had struck down a 2024 state government order. The invalidated order had permitted individuals from backward classes, most backward classes, denotified communities, and scheduled castes who converted to Islam to obtain community certificates for one of seven notified backward-class Muslim sects.

The ruling addresses a key constitutional and legal question regarding the continuity of caste-based affirmative action following religious conversion under Article 16(4) of the Constitution. The apex court ruled that conversion severs the legal foundation of caste-based backwardness associated with the Hindu social order.

“A person who converts to Islam does not become part of the Muslim backward class category. A person’s pre-conversion status cannot confer on him the status of backwardness,” the bench stated. The court further noted that individuals transitioning from a Hindu social order to a non-Hindu social order cannot claim affirmative action under Article 16(4) merely on the basis of social backwardness linked to their previous status.

The Tamil Nadu government had defended its policy by citing recommendations from the Tamil Nadu Backward Classes Commission, arguing the measures were necessary to support converts from disadvantaged backgrounds.

The legal challenge arose from a petition filed by Paramasivam, a Hindu who converted to Islam in 2015 and adopted the name Sameer Ahmed. After local district authorities denied his application for a Backward Class Muslim certificate under the “Labbai” sub-category, he petitioned the high court. He cited the state backward classes commission’s recommendation that Hindu backward classes converting to Islam should be treated as backward-class Muslims and issued community certificates.

In its earlier verdict, the Madras High Court held that membership in notified Muslim communities such as Labbai, Rowther, Marakkayar, or Deccani Muslim is determined strictly by birth rather than religious conversion. The high court observed that these groups constitute distinct socio-cultural communities rather than mere theological sects, rendering entry via conversion legally untenable—a view fully endorsed by the Supreme Court.