this madras high court A Tamil Nadu government order that allowed converts to Islam from Backward Classes (BCs), Most Backward Classes (MBCs), Scheduled Communities (DNCs) and Scheduled Castes (SCs) to continue receiving reservation benefits under the Backward Classes Muslims (BCM) category was overturned on Friday.A division bench of Justices GR Swaminathan and PB Balaji in its order held that the government order issued by the then DMK government on March 9, 2024, was unconstitutional. The court said the executive branch cannot overturn established judicial precedent through government orders.“We are of the view that a person who converts to Islam cannot claim to be a backward class Muslim. He is just a Muslim and nothing more,” the bench said.The court noted that Tamil Nadu recognized seven communities under the BCM category. These communities are recognized by birth and people who convert to Islam cannot claim to belong to any of them, the report said.The bench held that the 2024 government order erred in holding that community certificates can be issued to converts indicating that they belong to one of the seven communities. The court said this assumption was legally and conceptually untenable.Referring to a 1951 Madras High Court judgment, the bench said that when a Hindu converts to Islam, the person becomes a Muslim and not a member of a particular Muslim community such as Labbai, Rowther, Marakkayar or Syed.The judge said Islam teaches equality and does not recognize social hierarchy. However, it noted that over time, Muslim societies also began to emerge into distinct communities of birth, similar to Hindu castes.
