Hindus who convert to another religion can't claim reservation: SC upholds Madras HC order on quota

The Supreme Court on Thursday upheld the Madras High Court's decision that a person who converts to Islam from the Hindu social order cannot claim Backward Class (BC) reservation benefits solely on the basis of their pre-conversion social status. A bench of Justices PK Mishra and Shree Chandrashekhar dismissed the Tamil Nadu government's appeal against the High Court's order striking down a state government decision on reservation benefits for seven Backward Class Muslim communities.

What did the Supreme Court say on BC reservation after conversion?

The Supreme Court observed that a person converting from the Hindu social order to a non-Hindu social order cannot claim affirmative action benefits under Article 16(4) of the Constitution merely because of the social backwardness associated with their status before conversion.

“A person who converts from Hindu social order to a non-Hindu social order cannot claim affirmative action under article 16(4) of the Constitution merely on the basis of the social backwardness associated with his pre-conversion status,” the bench said while dismissing the state's plea.


The bench also referred to the Constitution (Scheduled Castes) Order, 1950, which restricts Scheduled Caste status to people professing Hinduism, Sikhism or Buddhism.

Read more - Kalyan, Shahad, Titwala to Asangaon commuters take note: Railways seeks forest clearance for a fourth railway line

It further observed that backwardness in a person's previous social order cannot, by itself, be carried forward to grant them Backward Class status in the religion they convert to. The court added that a person professing a religion other than Hinduism, Sikhism or Buddhism cannot be deemed to be a member of a Scheduled Caste under paragraph 3 of the order.

Why did Tamil Nadu challenge the Madras High Court order?

The Tamil Nadu government approached the Supreme Court against the Madras High Court's June 25 judgment, which struck down a government order issued on March 9, 2024.

The state government order allowed people belonging to Backward Classes (BCs), Most Backward Classes (MBCs), Denotified Communities or Scheduled Castes to be treated as Backward Class Muslims after converting to Islam, subject to the prescribed conditions.

Under the order, eligible converts could be issued community certificates identifying them as members of one of seven notified Muslim communities recognised under the state's BC category. The certificates would allow them to claim reservation benefits.

The state government argued that the order was introduced to ensure that people belonging to socially and educationally backward communities did not lose reservation benefits solely because they had converted to Islam.

It maintained that the decision followed detailed deliberations and that extending these benefits to such individuals would not disturb the social balance.

What did the Madras High Court say in its June 25 judgment?

The Madras High Court had held that the March 2024 government order was contrary to judicial pronouncements by the High Court and the Supreme Court concerning the status of people who convert to Islam.

The High Court observed that a person converting to Islam could be treated as a Muslim but could not automatically retain or claim a caste-based status from their previous religion for reservation purposes.

The judgment also referred to arguments about the principles of social equality associated with Islam and Christianity, noting that religious conversion raised questions about claims based on the caste hierarchy of the Hindu social order.

The High Court's decision came in a case involving Sameer Ahamed, who converted to Islam in 2015, changed his name and married according to his adopted religion.

How did the case involving Sameer Ahamed begin?

After his conversion, Ahamed applied for a community certificate identifying him as a 'Muslim Lebbai', one of the seven Backward Class Muslim communities recognised under the Tamil Nadu government's March 2024 order.

When the tehsildar rejected his application, Ahamed approached the Madras High Court, relying on the government order to support his claim.

The state government defended the order, arguing that its purpose was to protect reservation benefits for people who already belonged to socially and educationally backward communities before converting to Islam.

However, the High Court struck down the order on June 25, prompting the state government to challenge the decision before the Supreme Court.

With the Supreme Court dismissing the appeal, the Madras High Court's decision striking down the March 2024 government order remains in force.


Inputs from agencies