BREAKING | Converts To Non-Hindu Religions Can't Claim Backward Class Quota Solely Based On...

The Supreme Court today(October 15) upheld the judgment of the Madras High Court, which held that a person converting to Islam was not entitled to backward class reservation based on their pre-conversion status.

A bench comprising Justice Prashant Kumar Mishra and Justice Shree Chandrashekhar dismissed the challenge the Tamil Nadu government preferred against the High Court's order. It ordered: "A person who converts to Islam by that act alone doesn't become a member of one of the seven notified backward class social communities in the State. His former caste status can't be transposed to the Muslim backward class category, nor can his private religious body conclusively determine such status entitlement."

The bench pronounced the following conclusions :

    A person who converts from the 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 social backwardness associated with their pre-conversion status.
    Backwardness suffered on account of an antecedent social order cannot, by itself, be carried forward so as to confer upon a person the status of a backward class in the social order to which they have converted.
    By virtue of the Constitution (Scheduled Castes) Order, a person who professes a religion other than Hinduism, Sikhism or Buddhism cannot be deemed to be a member of a Scheduled Caste. Consequently, upon conversion to a religion not specified therein, such person ceases to possess Scheduled Caste status and cannot claim affirmative action or benefits under Article 16(4) that are dependent on membership of a Scheduled Caste.
    Conversion to a non-Hindu social order does not, by itself, confer membership of any particular backward caste community. A person's pre-conversion caste or community status cannot, merely by reason of conversion, be transposed into a notified backward class community in the post-conversion social order.
    The social backwardness that forms the basis of a person's pre-conversion status cannot, by itself, constitute the legal foundation for conferring membership of a different notified backward class community after conversion.
    Where a person converts from the Hindu social order to a non-Hindu social order and subsequently reconverts to the Hindu social order, their entitlement to affirmative action cannot be determined merely by reference to their antecedent status. Such determination requires an independent, fact-specific assessment of whether the original caste or social identity has genuinely revived upon reconversion and whether the person has satisfied the applicable constitutional and legal requirements.
    No statutory benefit, protection, reservation or other entitlement under Article 16(4), the enjoyment of which is dependent on a particular social order, can be claimed merely on the basis of antecedent membership after a person has converted to Islam, Christianity or any other non-Hindu social order. Such conversion severs the legal foundation of an entitlement conditioned upon membership of the Hindu social order.

 

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