The complainant states that this reservation is discriminatory and intended to encourage Scheduled Caste Hindus to Christianity.
Kerala High Court has held that the National Commission for Backward Classes (NCBC) will consider a complaint against OBC reservation granted to Muslims and “Scheduled Caste Converts to Christianity” in Kerala. NCBC is a constitutional body under the 102nd Constitutional amendment of 2018. The judgment has been passed in a writ petition filed by Vinu Raj, an Advocate, seeking consideration of his complaint before the Commission about the unconstitutionality of reservation granted to Muslims and converted Christians in Kerala.
In Kerala, the entire Muslim religious community is treated as OBC for the Central, State and SEBC lists. Whereas the Central OBC list for Central Government jobs includes “Mappila”, the State OBC list includes “Muslim or Mappila”. Mappila is a term synonymous with Muslim, as per the Kerala Government.
The Petitioner has complained before the NCBC that reservation is being granted based on religious faith alone and not backwardness. The complaint points out that even if a Hindu belonging to a ‘forward’ community converts to Islam, he will be entitled to an OBC reservation in Kerala. The complainant has claimed that Muslims in Kerala are not backward because of foreign remittance from gulf countries and because of prolonged enjoyment of benefits given to religious minorities. The complainant has contended that reservation is being continued based on old and incorrect data.
The complainant has also raised a grievance against the OBC reservation granted in Kerala to Scheduled Caste Hindus upon their conversion to Christianity. The complainant states that this reservation is discriminatory and intended to encourage Scheduled Caste Hindus to Christianity. It is contended in the writ petition filed through Advocate D. Sreekanth and moved by Advocate Sreekumar G. Chelur that, as per law, the caste of a person is eclipsed upon his conversion from Hinduism and that the same reappears only upon reconversion to Hinduism.
The High Court has mandated the consideration of the complaint by the Commission while conducting the exercise of identification of backward classes across the country as per the directions of the Supreme Court in the Maratha Reservation case. However, it is understood that the said exercise will now be limited to the Central OBC list under the 127th amendment to the Constitution, recognizing the power of State Governments to prepare their OBC lists.
