In Secretary to Government v. Sameer Ahamed N., (Sup. Ct. India, Oct. 15, 2026), India's Supreme Court held that when a Hindu who is entitled to affirmative action benefits as a member of a Hindu "backward class" converts to Islam, he loses the Hindu backward class benefits. Moreover, the convert cannot acquire membership in any of the seven Notified Backward Class Muslim communities merely by converting to Islam. The court said in part:
39. Where a person was entitled to affirmative action under Article 16(4) of the Constitution by reason of the social backwardness within the Hindu social order, such entitlement is founded upon the disabilities which arose within, and were produced by, that social structure. Upon conversion to Islam or Christianity, or to any other non-Hindu social order in which caste is not recognised as the basis of social status and classification, that foundational basis ceases to operate in the same manner. The fact that the consequences of the earlier disability may continue in the form of educational deprivation, occupational disadvantage, economic hardship or other material circumstances cannot carry the antecedent social backwardness into the new religion. To permit such continuation would be to detach the consequences from the social structure which produced them and to transpose social backwardness of one religion into another religion in which such backwardness is not recognised as the basis of social classification. The constitutional benefit cannot be made to travel in this manner from the religion in which the relevant backwardness arose to a religion whose basic theological structure or otherwise does not recognise caste as its foundational basis...
41. Consequently, where a person was receiving affirmative action under Article 16(4) of the Constitution in the Hindu social order, upon conversion to Islam, Christianity or to any other non-Hindu social order brings such entitlement norms to an end.
42, The fundamental premise of G.O. dated 09.03.2024 is that a person belonging, before conversion, to a Backward Class, Most Backward Class, Denotified Community or Scheduled Caste, who thereafter embraces Islam, may be treated as a Backward Class Muslim and may be issued a community certificate under one of the seven Muslim communities notified by the State for which the State has reserved 3.5% of seats and posts for Backward Class Muslims under Tamil Nadu Act 33 of 2007.
56. .... There is no doubt on the proposition that the issuance of a statutory community certificate is a public function, but the State cannot abdicate the statutory determination to a private body like Jamath. The responsibility for determining entitlement of a person to a statutory reservation must remain with the competent public authority...
62.. A person who converts to Islam does not, by that act alone, become a member of any one of the seven notified Backward Class Muslim communities in the State. His former caste or community status cannot automatically be transposed into the Muslim Backward Class category, nor can a private religious body conclusively determine such statutory entitlement....
The Economic Times reports on the decision.