Muslim convert can’t get backward class status, rules Madras HC

Discussion in 'Religion & Culture' started by Raj30, Feb 8, 2013.

  1. Raj30

    Raj30 Senior Member Senior Member

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    Muslim convert can’t get backward class status, rules Madras high court - The Times of India

    CHENNAI: A converted Muslim woman's claim to be considered as a backward class candidate for a government job has been rejected by the Madras high court.

    Justice K Chandru, rejecting the petition filed by A Fathima, said: "She was a Hindu before her marriage and born in Hindu Sengunthar community. Therefore, she cannot transfer her community only because of her marriage." Her claim to be considered as a backward class Muslim cannot be entertained because it is based on her marriage and not on her birth, he said. Fathima had applied for the post of assistant in the rural development and panchayati raj department.

    The woman married Mohamed Asath of Muslim Labbai community in May 2006, converted to Islam and changed her name from A Premavathy into A Fathima. She notified the name change and approached the high court, saying that she was eligible to be selected for the job under the BC Muslim category. She wanted the court to direct the Tamil Nadu Public Service Commission (TNPSC) to appoint her.

    Justice Chandru, rejecting the community certificate issued by the Kancheepuram tahsildar certifying that she belonged to Muslim Labbai community, said the certificate was not valid because she did not belong to the community. "It is only her husband who belongs to the community," he said.

    He also referred to a Supreme Court order which said: "A candidate who had the advantageous start in life, being born in a forward caste, but is transplanted in backward class by adoption or marriage or conversion, does not become eligible for the benefit of reservation. Acquisition of the status of scheduled caste, etc by voluntary mobility into these categories would play fraud on the Constitution and would frustrate the benign constitutional policy."

    The TNPSC had a list of backward classes, as per which scheduled castes who converted to Christianity were notified as BCs, the judge said, pointing out that such a provision was absent in the case of Muslims. "In the absence of such a provision where converted Muslims are automatically included in the BC list, Fathima's prayer that she be declared as a BC Muslim, and consequently, be selected for the post cannot be accepted by this court."
     
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  3. A chauhan

    A chauhan "अहिंसा परमो धर्मः धर्म हिंसा तथैव च: l" Senior Member

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    Re: Muslim convert can’t get backward class status, rules Madras high

    I took it vice versa when I read the title, but IMHO HC is right in this case.
     
  4. Subramanian

    Subramanian Regular Member

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    Re: Muslim convert can’t get backward class status, rules Madras high

    obviously,she cant.

    I dont understand this reservation for OBC muslims,most of them like this labbai come from rich families involved in trading since a longtime,i know many pathani tamil muslims,highly educated and my friend's grandad was a former laywyer/judge in high court.
     
  5. Ray

    Ray The Chairman Defence Professionals Moderator

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    Caste is taken as the bane of Hinduism that divided society into various classes/ professional heritage irrespective of merit and merely based on birth.

    This inequality and other slights made those deprived to cast their lot to more equal religions like Islam and Christianity where equality was preached as the only salvation for mankind.

    Therefore, those of Hinduism who wanted liberated from the caste system opted for these egalitarian religions.

    With the change of religion, one automatically renounced the original religion, Hinduism and its baggage.

    Therefore, they were 'liberated' in soul and spirit.

    Hence, one cannot claim that one is still being oppressed by the baggage of caste.

    Thus, there can be no class or caste differences that can be claimed based on the origin of their or their ancestor's birth.

    Such claims are merely opportunism.

    It is the cheap political chicanery to garner votes that has given rise to claims that falsify the concept, verities and pillars of the foundation of their religion that they claim to be from!

    This devious and deceitful gamesmanship that has been permeated into modern India society is what is dividing the country and making it a total mess sacrificing merit and yet boastfully claiming to superpower pretensions.

    Superpower status through mediocrity based on caste and communal politics?

    One cannot be more pathetic!
     
  6. Subramanian

    Subramanian Regular Member

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    It is a big bullshit man trust me,

    i have seen mozzie and christian festivals,they r so mundane and boring and no depth at all.

    all they do is namaaz or mass,same old thing,lord ll come and save u from the world level bullshit.
     

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