Caste Assigned At Birth Doesn't Change Due To Marriage: Himachal Pradesh High Court

The Himachal Pradesh High Court has held that caste is assigned at the time of birth and does not change upon marrying a person who belongs to the Scheduled Caste.It clarified that such a marriage does not preclude the commission of an offence under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. Justice Rakesh Kainthla held: “Therefore, it was rightly submitted on behalf of the State that the Caste is assigned to a person at birth and does not change during the lifetime of a person. Therefore, it was wrongly held by the learned Trial Court that the respondent-accused would become a member of the Scheduled Caste after her marriage and she cannot commit an offence punishable under Section 3(1)(s) of the SC & ST Act.”For reference: Section 3(1)(s) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, criminalizes the act of abusing a member of a Scheduled Caste or a Scheduled Tribe by their caste name in any place within public view. The Trial Court held that the accused married a person of the Scheduled Caste and she became a member of the Scheduled Caste community after marriage. Therefore, it concluded that she could not have committed an offence punishable under Section 3(1)(s) of the SC & ST Act, which can only be committed by a person who is not a member of the Scheduled Caste. Aggrieved, the State filed a criminal revision petition challenging the order. It contended that the caste of a person does not change after marriage and the accused, who did not belong to the Scheduled Caste will not become a member of the community after her marriage. The Court held that the caste is assigned to a person at birth and does not change after marriage. Thus, the Court set aside the Trial Court's Order and remitted the matter back for deciding the case afresh regarding framing of charges/discharge. Case Name: State of Himachal Pradesh v/s SarojioniCase No.: Cr. Revision No.377 of 2013Date of Decision: 28.07.2025For the Petitioner: Mr.Lokender Kutlehria, Additional Advocate General.For the Respondents: Mr. Y.P. Sood, AdvocateClick Here To Read/Download Order

Caste Assigned At Birth Doesn't Change Due To Marriage: Himachal Pradesh High Court

Mehak Aggarwal

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