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Supreme Court rules religious conversion does not transfer reservation rights
The Supreme Court of India has upheld a Madras High Court ruling stating that individuals converting from Hinduism to Islam cannot claim reservation benefits under the Muslim Backward Class (BC) category based on their former caste status.
A two-judge bench comprising Justices Prashant Kumar Mishra and Shree Chandrashekhar dismissed an appeal by the Tamil Nadu government. The government had challenged a previous decision that struck down a 2024 order allowing converts from backward classes, most backward classes, denotified communities, and scheduled castes to obtain certificates identifying them as members of seven notified Backward Class Muslim sects.
The Court clarified that social backwardness experienced within the Hindu social order does not automatically transfer to a non-Hindu social order upon conversion. The ruling noted that such a conversion ‘severs the legal foundation of an entitlement which is specifically conditioned upon membership of that Hindu social order.’
Furthermore, the Court held that under Article 16(4) of the Constitution, affirmative action cannot be claimed merely on the basis of pre-conversion social identity. The decision also emphasized that a private religious body cannot conclusively determine statutory entitlements for reservation purposes.
Entities
Justice Prashant Kumar Mishra · Justice Shree Chandrashekhar · Madras High Court · Supreme Court of India · Tamil Nadu Government