'Converted' Muslims must get backward class certificates, Madras high court says

CHENNAI: Madras high court has ordered the state government to instruct its authorities to issue backward class (BC) community certificates to persons who embrace Islam, and categorically held that a BC member would get all the benefits meant for BCs even after embracing Islam.

"I have no hesitation to come to the conclusion that a person belonging to Hindu backward class community, on conversion to Islam, would get the benefit of backward class status, if the person is covered under List III of Government order no. 85," said Justice D Hariparanthaman on Wednesday. The list contains seven sects of 'backward class' Muslims. They are: Ansar, Dekkani Muslims, Dudekula, Labbais including Rawthar and Marakayar speaking Tamil or Urudu, Mapilla, Sheik and Syed, the judge pointed out.

In his 88-page order tracing the origin of caste-resistance movements by various communities and the prevalence of two-tumbler system in several parts of the state, Justice Hariparanthaman trashed two government communications sent in February 2010 and August 2012 asking district collectors not to issue BC certificates to converted Muslims. Describing it as persecution of Muslim brothers and akin to 'untouchability' practised on SCs, the judge said, "denial of BC community certificate to the converted Muslims amounts to deprivation of fundamental rights."

The judge was passing orders on a writ petition of MU Aariffaa, who was a Nadar widow before her conversion to Islam in 2006. Though she cleared the TNPSC examination for village administrative officer (VAO) in 2012 she was not selected as she was treated as 'others'. Later in the same year, she could not be appointed station officer in fire service department for the same reason. On both occasions she moved the high court and obtained an order directing the respective departments to keep one post vacant.

Brushing aside the TNPSC protestations, Justice Hariparanthaman said: "Counsel for the TNPSC does not dispute the genuineness of the conversion of Aariffaa to Labbai Muslim. According to her, 'converted' Labbai Muslim is not used in List III which covered only 'born Labbai Muslim'. This is, in fact, doing violence to the List. The only thing that has to be seen is whether the candidate has genuinely converted to anyone of the sects in List III. If it is so, there ends the matter."

While accepting amicus curiae M Ajmalkhan's stance that there is no such a thing as 'converted' Muslim, Justice Hariparanthaman disagreed with his claim that unlike in the case of Christianity, a convert's original caste mark is totally erased on embracing Islam.

The judge also flaye the Tamil Nadu Backward Class Commission for its stand that no convert to Islam is entitled to get BC community certificate and that all such existing certificates are bogus, false and fraudulent. "The view expressed by the commission has no basis and it has to be rejected, as it would result in the denial of community certificates to all converts to Islam," Justice Hariparanthaman said.

Directing the government to appoint Aariffaa to either of the posts she had cleared immediately, the judge said she should get be placed at the appropriate place in the seniority list meant for BC Muslims.