In what comes across as minority appeasement politics by the ruling Dravida Munnetra Kazhagam, the government has mandated the classification of backward, most backward, and Adi Dravidian individuals converting to Islam as part of the Muslim backward class, with the issuance of caste certificates.
In Tamil Nadu, up until 2012, individuals from different religions, specifically those belonging to the backward, most backward, and Adi Dravida classes, who embraced Islam, experienced a modification in their existing caste certificate. They were subsequently issued a fresh caste certificate designating them as Muslim Rauthar or Labbai.
This process granted individuals from backward backgrounds educational and employment rights when they converted to Islam. Nevertheless, this certification practice ceased for Muslims who underwent conversion after the year 2012.
Similarly, Muslim organizations continued to advocate for the issuance of caste certificates to individuals converting to Islam from BC, MBC, SC, and ST classes, designating them as backward classes among Muslims. Responding to these demands, the Tamil Nadu government accepted the proposition and issued an ordinance two days ago.
Under this arrangement, one of the seven Muslim sections outlined in the decree from 29 July 2008, has been granted approval. This specific section, sought after by those undergoing conversion, is now authorized to receive a caste certificate designating them as a backward class among Muslims.
As a result, individuals converting to the Muslim faith are anticipated to benefit from a 3.5% reservation in both education and employment opportunities.
In 2021, the then Union Law Minister Ravi Shankar Prasad stated in the Rajya Sabha that, according to the Constitution and Indian law, Hindu persons eligible for reservation benefits, like those belonging to Scheduled Castes, cannot avail the same benefits if they convert to Christianity or Islam.The Constitution’s Article 3 specifies that those professing a religion other than Hindu, Sikh, or Buddhist shall not be considered Scheduled Caste members. While the Minister’s statement aligns with legal provisions, investigations reveal instances of Christians claiming Scheduled Caste status, indicating potential misuse of reservations meant for the community.
In 1950, the Nehru government passed an order restricting the definition of “scheduled caste” only to members of the Hindu faith. However, it was later extended to Sikhs in 1956 and to Buddhists in 1990 because they are seen as an extension of the Sanatana Dharma.
Para 3 of the Constitution (Scheduled Castes) Order clearly states that no person who professes a religion different from Hindu, Sikh or Buddhist religion shall be deemed to be a member of a Scheduled Caste. The Supreme Court in a 2015 ruling had said, “Once a person ceases to be a Hindu and becomes a Christian, the social and economic disabilities arising because of Hindu religion cease and hence it is no longer necessary to give him protection and for this reason he is deemed not to belong to a scheduled caste.”
The Andhra Pradesh government in 2020 had issued a GO extending Scheduled Caste benefits to converted Christians.
(with inputs from Dinamalar)
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