A convert to Islam cannot claim the status of Backward Class Muslim, rules Madras High Court

A convert to Islam cannot claim the status of Backward Class Muslim. He’s solely a Muslim and that’s all there may be to it, Madurai Bench of the Madras High Court has dominated whereas declaring unconstitutional, a 2024 G.O. permitting converts to claim such status.

The court docket was listening to the petition filed in 2022 by a person from Thoothukudi district who had embraced Islam and altered his title. He was born to Hindu dad and mom. The certificates issued by the Sunnath Jamath, Kayathar, in 2015 acknowledged the petitioner had embraced Islam.

He had utilized for a group certificates certifying him as ‘Muslim Lebbai’, a religion, he claimed to observe. Nevertheless, the Kayathar Tahsildar rejected his software. Difficult it, he moved the court docket.

In the meantime, a G.O. issued in 2024 ordered {that a} convert to Islam from Backward Lessons, Most Backward Lessons, Denotified Communities or Scheduled Castes could also be handled as BC (Muslim) for availing the profit of reservation and on such conversion, (s)he could also be issued with group certificates as belonging to one of the notified seven sects.

Nevertheless, the State stated, a convert from a ahead group to Islam wouldn’t get the BC (Muslim) tag. Solely those that already loved the profit of reservation of their unique faith wouldn’t lose it on account of conversion to Islam. Social steadiness won’t be affected, it was submitted.

A Division Bench of Justices G.R. Swaminathan and P.B. Balaji stated as early as in 1951, the Madras High Court held that when a Hindu will get transformed to Islam, he turns into only a Mussalman and his place in Muslim society will not be decided by the caste to which he belonged earlier than his conversion. It was additional held {that a} member of one of the castes or sub-castes when he’s transformed to Islam ceases to be a member of any caste. The choice was accredited by the Supreme Court.

The court docket stated Christian missionaries in addition to Islamic preachers harangued by means of many years and centuries that their religions supply social equality not like Hinduism which has caste as its inherent characteristic. “Having taken such a stand for effecting conversions, it’s disingenuous to claim that there’s hierarchy in Islam additionally. In our respectful view, categorising sure sects as Backward and the remaining as Ahead is antithetical to Quranic injunctions. Islam seeks to set up an egalitarian society. Everyone seems to be equal in the eye of God. There is no such thing as a social hierarchy,” the court docket stated.

“Be that as it might, due to historic causes, the Islamic society can be stratified into numerous communities. One may even boldly comment that they’re akin to caste in Hinduism. Simply as caste is decided by start, one is a Rowther or Marakkayar or Deccani Muslim by start alone. It’s ridiculous to counsel that one could be transformed right into a Rowther Muslim,” the judges stated.

The order stated as held by the Division Bench of the Madras High Court greater than 75 years in the past, upon conversion to Islam, one turns into a Muslim. The Division Bench used the expression ‘only a Mussalman’. He cannot be pigeonholed into any specific sect or group which could be solely by advantage of one’s start therein. When the proposition laid down by the Division Bench is holding the discipline, it cannot be undone by issuing a mere authorities order.

“The doctrine of separation of powers is an entrenched precept in the Structure and that it’s an important constituent of rule of legislation. This precept applies to the remaining judgments of the courts. The legislature cannot declare any resolution of a court docket of legislation to be void or of no impact,” the court docket stated.

In opposition to this backdrop, it’s not open to the State authorities to problem a G.O. undermining the resolution.

“That’s precisely what the authorities has accomplished by recognising that there could be conversion to anyone of the seven sects of Muslims recognized as Backward Class Muslim. The sheer arbitrariness of the impugned G.O. turns into manifest for another reason. The Backward Lessons Fee’s suggestion in addition to the G.O. present for accommodating BC/MBC/DNC/SC convertees in anyone of the seven slots. A SC who’s at the bottom-most rung of the social ladder is placed on par with a BC. The Supreme Court in a catena of choices has held that OBCs and SCs type separate classes,” the court docket stated.

Only for the sake of guaranteeing the converts to Islam proceed to take pleasure in some type of reservation profit, such a bunching has been accomplished by the State authorities. This exposes the inherent flaw in the method adopted by the authorities, the court docket stated.

“We have now no possibility however to conclude that solely to undo the judgments of the court docket, has the authorities come out with an innovation that’s not solely unconstitutional but additionally un-Islamic. As soon as we discover that the G.O is against the law, it’s our bounden judicial obligation to declare it to be so. We accordingly declare that the G.O is unconstitutional,” the judges stated and disposed of the petition.