3000 Hindus converting to Islam in Coimbatore: A Communal drama, strategic plan or politicized agenda? [2]
Whether they converted or not?: Alleging threat by police, a recent convert Raiz, previously Ravichandran, said, “Those who are converting legally are being threatened by the police[1]. As a result, there are people who can’t talk about the conversion openly.” There are some people who shy away from their conversions fearing authorities[2]. But the youth of the area seem to be more vocal and don’t pay heed to still being called by their caste names.” However, this move by the Dalit outfit has angered a section of the villagers. They claim that only a handful of them, belonging to the Dalit outfit, have converted and are spreading rumours that thousands are converting[3]. Eashwaran, a resident of Mettupalayam said, “They have linked the 17 deaths to Islam conversion[4]. They said 3000 will convert. Residents of this particular locality are like one big family. We are not planning to convert to another religion. They (Tamil Puligal Katchi outfit) are spreading wrong news[5]. “We believe in Lord Vishnu. We will never convert to any religion. All people here are like my family. No one here will convert,” added Kannama, another resident. Thus, suddenly, conflicting reports are also coming. So what happened, whether SCs converted or not?
Converted Muslim asked BC (Backward Class) certificate [August 2019]: Pointing out that neither during his conversion to Islam, nor during the publication of his conversion in the Tamil Nadu Government Gazette, he has mentioned anything regarding the sub-sect Labbai, the Madras high court dismissed a petition filed by a person seeking a direction to the Tahsildar, Thirukkazhukundram, Kancheepuram district, to issue Community Certificate to him, his wife and his children as BC (Backward Class) Muslim Labbai[6]. Dismissing the petition filed by Rilvan, a division bench comprising Justices R. Subbiah and C. Saravanan said initially at the time of conversion into Islam, the petitioner did not particularly mention about the sub-sect “Labbai”, which dis-entitles him from claiming the relief of issuance of community certificate to the petitioner and his family, more particularly, in the Jammath, he did not mention his sub-sect while conversion to Islam.
Chettiyar marrying SC and converting to Muslim lebbai [August 2019]: According to the petitioner, he is a Hindu by birth and originally belonged to BC 24 Manai Telugu Chettiyar Community. His marriage was solemnised with his wife Ramjiya, whose original name is Ramya, who belongs to Scheduled Caste (SC) Hindu Adi Dravida Community and due to their wedlock, two children were born to them, namely Harshat (previous name Kavin Raji) aged about 13 years and Harshidha, aged about 4 years. On October 15, 2012, out of his own volition, the petitioner got converted to Muslim Labbai religion from the Hindu religion. After conversion, he was blessed with the second child. Subsequently, on March 23, 2016, he had published his religious conversion in the Official Gazette. On March 28, 2018, he applied for issuance of community certificate to the Tahsildar and he sought the Tahsildar to issue BC community certificate as per a G.O dated July 29, 2008. But the authorities denied the same on the ground that they could issue only as converted Muslim. Subsequently, the Revenue Divisional Officer also rejected his representation. Hence, he filed the present petition.
Court cannot order to give any certificate for caste or class: The bench said the petitioner got converted to Muslim religion on October 15, 2012, with sub-sect Labbai. Neither during the conversion to Islam nor during the publication of his conversion in the Tamil Nadu Government Gazette, he has mentioned anything regarding the sub-sect Labbai. Even in the certificate given by Pudupattinam Zamath, there was no mention of the sub-sect Labbai. Hence, the petitioner will not be entitled to Backward Class Community Certificate merely on conversion, the bench added. The bench said only if there was an endorsement by the Jamath indicating the Backward Class as Labbai, the community certificate can be issued by mentioning the said sub-sect. In the absence of such endorsement by the Jamath, the authorities cannot issue community certificate as sought for by the petitioner. Though the petitioner relies on G.O dated July 29, 2008, stating that Hindu BC community can convert to any of the seven sects of Islam as mentioned therein in the list, in which Labbai was one among them, in the absence of specific sub-sect during the conversion to Islam, he has to be treated as Muslim which comes under the Forward community. Even during the enquiry conducted by the Revenue Inspector, Nerumbur on his petition to RDO, the petitioner simply stated that his family embraced Muslim religion and that they changed their names as Muslim names, even though they published their names in the government gazette. “Hence, for the above reasons, now this court cannot give such a direction prayed for by the petitioner,” the bench added.
If SC certificate were cancelled, a Muslim can become BC!: Dr. Raja Mohammed (Reg.No.00102119) belonged to Muslim Labbai included in the list of BC-M on his conversion from Hindu to Muslim. According to clarification received from the Government, in the absence of any orders issued by the Government in respect of converts from Hindu to Islam, they would be considered as “Others”. He was SC and after conversion, he became lebbai. The Tahsildar issued a conversion certificate and also community certificate, declaring him to be a member of Backward Class. The community certificate, showing his community, as Scheduled Caste, was cancelled. The court decided that he was BC only, as the SC certificate was cancelled[7]. So the SC converted Mohammedan has two options for reservations – as a lebbai, he can get the 3.5% of reservation within reservation policy introduced by Karunanidhi or they can claim BC by cancelling the SC / Lebbai certificate, yet claiming to be a Muslim!
Jamath issues Lebbai caste or Backward class certificate?: First of the intriguing fact has been how Jamat can issue a certificate for the SC convert Mohammedan and it could be equated with the SC or untouchable. The Mohammedan law does not have such authority and therefore, the TN Muslims stand and issuance of such certificate is unconstitutional. Moreover, the court has rightly noted, “Neither during the conversion to Islam, nor during the publication of his conversion in the Tamil Nadu Government Gazette, he has mentioned anything regarding the sub-sect Labbai. Even in the certificate given by Pudupattinam Zamath, there was no mention of the sub-sect Labbai. Hence, the petitioner will not be entitled to Backward Class Community Certificate merely on conversion.” The churches have been issuing birth, baptism, marriage and death certificates and not caste or class certificates. Had it been there so, for converted SC issue, they would not go to Supreme Court. Of course, though, Muslims used to claim, but, they never pursued legally, as it might go against the fundaments of Islam. Of course, the elite and rich categories never want such reservation, as it would affect their interests.
© Vedaprakash
08-03-2020
[1] News.18, Over 400 Dalits Converted to Islam Since Collapse of ‘Caste Wall’ Claimed 17 Lives, Says Tamil Nadu Outfit, Poornima Murali | CNN-News18Updated: February 14, 2020, 8:02 PM IST.
[2] https://www.news18.com/news/india/over-400-dalits-converted-to-islam-since-caste-wall-claimed-17-lives-says-tamil-nadu-outfit-2501325.html
[3] With inputs from S Annette Beryl Elizabeth. News.18, Over 400 Dalits Converted to Islam Since Collapse of ‘Caste Wall’ Claimed 17 Lives, Says Tamil Nadu Outfit, Poornima Murali | CNN-News18Updated: February 14, 2020, 8:02 PM IST
[4] Times Now, ‘Discriminated, treated like animals’: Over 400 Dalits convert to Islam in Tamil Nadu; 3000 in queue, India DigitalTimes Now DigitalUpdated Feb 13, 2020 | 11:54 IST.
[5] https://www.timesnownews.com/india/article/discriminated-treated-like-animals-over-400-dalits-convert-to-islam-in-tamil-nadu-3000-in-queue/552920
[6] Deccan Chrocicle, Chennai: No BC certificate for mere conversion, Published Aug 31, 2019, 2:28 am IST; Updated. Aug 31, 2019, 2:28 am IST.
[7] Madras High Court- M.Raja Mohammed vs Tamil Nadu Public Service … on 20 January, 2011
IN THE HIGH COURT OF JUDICATURE AT MADRAS, DATED: 20 .01.2011 – CORAM: THE HONOURABLE MR.JUSTICE VINOD K.SHARMA, W.P. No.21864 of 2010 and M.P.No.1 of 2010
M.Raja Mohammed .. Petitioner. Vs. 1. Tamil Nadu Public Service Commission, Rep. by its Chairman, Chennai-600 006 and 2. Government of Tamil Nadu, Rep. by its Secretary, Department of Animal Husbandary Fort St.George, Chennai 600 009. .. Respondents. https://indiankanoon.org/doc/122359/