Conversion and reservation: What the Supreme Court ruled | Explained

The story so far: The Supreme Court, in an October 15 judgment, declared that a Hindu who had converted to a “non-Hindu order” cannot claim the benefits of reservation.

A Bench of Justices Prashant Kumar Mishra and Shree Chandrashekhar held that a person who converts from a 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 factual details of the case

The controversy in the case of Secretary to Government versus Sameer Ahamed N. began with a man, born to Hindu parents in 1993 at Thoothukudi district in Tamil Nadu, voluntarily converting to Islam in September 2015.

After embracing Islam, Paramasivara — who changed his name to Sameer Ahamed — confirmed his choice by marrying within the community and professed the faith of Labbai Muslims. He procured a testimonial of his conversion from the Sunnath Jamath and applied to the local taluk office in November 2020 for a Backward Class (Muslim) community certificate to claim a share of the state’s quota benefits. Thus began a long legal battle, which started with the Tahsildar’s office and travelled all the way up to the Supreme Court, transforming the issue to far beyond the issuance of a community certificate.

Comment | Denying Backward Classes benefits to converts to Islam is unconstitutional

The local authorities rejected his application, ruling that while he had converted his religion, he had not transformed his underlying caste. Challenging this rejection before the Madras High Court, Mr. Ahamed received unexpected legislative support when the Tamil Nadu Backward Class Commission recommended a mechanism to assist proselytes.

Consequently, the State Government issued G.O.(Ms.) No. 31 on March 9, 2024, permitting individuals belonging to Backward Classes, Most Backward Classes, or Denotified Communities prior to conversion to obtain Backward Class Muslim certificates if they integrated into any of the seven recognised Muslim sub-groups. However, the Madras High Court struck down this government order.

What the High Court concluded