The Supreme Court on Thursday upheld a Madras high court decision that barred the Tamil Nadu government from providing reservation to those who convert to Islam on the basis of their pre-conversion status. N Paramasivam, whose petition led the Madras high court to strike down reservation benefits for Muslims who convert from other religions, was born Hindu and embraced Islam in 2015, adopting the name N Sameer Ahmad.
Subsequently, he approached the high court. The Madras high court subsequently declared the government order unconstitutional, holding that conversion to Islam alone did not entitle a person to claim membership of a notified Backward Class Muslim community. The apex court’s latest ruling upholding HC’s decision has drawn contrasting reactions from political parties in the state. Bharatiya Janata Party (BJP) Tamil Nadu spokesperson Narayanan Thirupathy welcomed the Supreme Court’s decision, saying a person converting to Islam could not automatically claim Backward Class Muslim reservation on the basis of their previous Hindu caste status. “The verdict of Supreme Court stating that people from backward classes who convert to Islam need not be provided reservation under the BC (M) category is against ‘social justice’.
Paramasivam was born to Narayanan and Gomathiammal in Thoothukudi district on April 12, 1993. He converted to Islam in 2015 and married a Muslim woman in accordance with Islamic rituals, according to his petition. In 2015, Paramasivam applied for a community certificate identifying him as a member of the Muslim Lebbai community, which is classified as a Backward Class, to avail of reservation benefits. In 2016, a local revenue official (tehsildar) rejected his application, stating that he had converted to a religion and not to a particular caste.
The couple has two children, his advocate R Maheswaran said. The Tamil Nadu government must immediately file a review petition against this judgment and uphold the reservation rights of those from backward communities who adopt Islam,” Stalin said.
