New Delhi: The Supreme Court on Thursday ruled that people who convert from Hinduism to Islam are not entitled to claim reservation benefits on the basis of their pre-conversion social status.
The verdict came on an appeal filed by the Tamil Nadu government against a Madras High Court (Madurai Bench) decision that had set aside a state order allowing caste certificates as “backward Muslim” for persons who embraced Islam from other religions.
The state had argued that conversion should not deprive a person from a backward community of the benefits of reservation in education and employment. However, a bench comprising Justices B.K. Mishra and Sri Chandrasekhar affirmed the High Court’s view that a convert would be treated only as a Muslim and cannot seek the status of “backward class Muslim” merely due to their earlier identity.
In its key observations, the court said a person who adopts a non-Hindu religion cannot claim reservation or special benefits under Article 16(4) solely on the basis of past social backwardness. It also noted that under the Constitution (Scheduled Castes) Order, only Hindus, Sikhs and Buddhists are recognised for Scheduled Caste status, and conversion to other religions results in loss of that status and related benefits.
The court further held that moving to a non-Hindu social order does not automatically place a person in any notified backward class within the new community. If a person later returns to the Hindu social fold, eligibility for reservation cannot be decided only by prior status and must be examined on facts, including whether the earlier caste identity has genuinely been re-established and legal requirements are met.
