The Madras High Court has struck down a Tamil Nadu government order that allowed persons from 7 backward communities to be treated as Backward Class Muslims after conversion to Islam.
The High Court held that a person who has converted to Islam cannot claim the status of a Backward Class Muslim merely by conversion and observed that such a person remains only a Muslim for the purpose of community classification. The court noted that such a person is only a Muslim, not a Backward Class Muslim and that is all there to it.
The Bench of Justices GR Swaminathan and PB Balaji held that the Government Order dated March 9, 2024 categorising them as backwards was unconstitutional.
The struck down order enabled persons belonging to Backward Classes (BC), Most Backward Classes (MBC), Denotified Communities (DNC) and Scheduled Castes (SC) to be treated as Backward Class Muslims after converting to Islam.
The Court was hearing a a petition filed by Sameer Ahamed, formerly known as Paramasivam. Sameer had challenged the rejection of his application for issuance of a community certificate identifying him as a Muslim Lebbai, one of the seven Muslim communities recognised as Backward Class Muslims in Tamil Nadu.
After the rejection of his application by the Tehsildar, Sameer Ahmad had moved the High Court.
