The Madras High Court has ordered the Tamil Nadu government to instruct its officials to issue backward class (BC) community certificates to people who embrace Islam, categorically saying that a BC member would get all the benefits meant for BCs even after conversion to 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 the government order no. 85,” said Justice D Hariparanthaman on 9 April. The list contains seven sects of ‘backward class’ Muslims. They are: Ansar, Dekkani Muslims, Dudekula, Labbais (including Rawthar and Marakayar speaking Tamil or Urdu), Mapilla, Sheik and Syed, the judge pointed out.
In his 88-page order on a petition filed by M U Aariffaa, who was a Nadar (a BC community) before her conversion to Islam in 2006, Justice Hariparanthaman trashed two government communications sent in February 2010 and August 2012 asking collectors not to issue BC certificates to converted Muslims. Describing it as persecution of Muslim brothers and akin to ‘untouchability’ practised on Dalits, the judge said, “Denial of BC community certificate to converted Muslims amounts to deprivation of fundamental rights.”