Woman's Caste Determined By Birth, Not By Marriage: J&K HC Reiterates Home Ministry Circular, Seeks Timely Decision On Woman's ST Certificate

Reaffirming the guidelines of a circular issued by the Ministry of Home that a woman's caste is determined by birth and not by marriage the Jammu and Kashmir and Ladakh High Court on Friday directed the authorities to take a decision on issuing a Scheduled Tribe (ST) category certificate to a woman who belongs to the Padri Tribe but had married a non-ST individual.Taking note of the contention that the petitioner has to apply before the Union Public Service Commission for Civil Services Examination for which the last date for filling of the examination form is 11.02.2025 Justice Wasim Sadiq Nargal directed, “Keeping in view the urgency expressed and the career of the petitioner is involved, this Court deems it proper to dispose of the instant petition by directing the respondent No. 5 to take a decision in the instant matter for issuance of a certificate i.e., ST category certificate in favour of the petitioner being a member of Padri Tribe, on or before 11.02.2025”. The petitioner, Shivaeta Rani, had applied for an ST certificate, which was denied by the competent authority on 30.12.2024. She challenged the rejection before the Additional Deputy Commissioner (ADC), Kishtwar, the appellate authority under the Public Service Guarantee Act, 2011. However, the ADC dismissed the appeal, citing that the issue required further adjudication either under the Reservation Act or through legal clarification. The petitioner, left with no alternative, approached the High Court, seeking directions for the issuance of the certificate.During the hearing, the petitioner's counsel, referred to a legal opinion issued by the Law Department on 16.12.2024, which confirmed that a woman does not lose her SC/ST/OBC status after marrying outside her caste.Furthermore, it was submitted that the Social Welfare Department, in consultation with the Law Department, had already clarified this position to all Deputy Commissioners in Jammu and Kashmir. Senior Additional Advocate General Ms. Monika Kohli, representing the government, submitted an affidavit stating that the authorities were not opposed to considering the petitioner's case as per the legal clarification. However, the petitioner expressed urgency, as she needed the ST certificate to apply for the Union Public Service Commission (UPSC) Civil Services Examination, with the last date for submission being 11.02.2025.Upon perusing the material on record and after scrutinising the various documents on this aspect Justice Nargal noted that apart from opinion of Law department and Social Welfare department the Ministry of Home Affairs had also clarified that no person who was not a SC and ST by birth will be deem to be a member of SC or ST category merely because he or she had married a person belonging to a SC or ST. “.. Similarly a person who is a member of the SC or ST would continue to be a member of the SC or ST, as the case may be even after his or her marriage with a person who does not belong to a SC or ST”, the court underscored. Recognizing the urgency and the petitioner's career prospects, Justice Nargal directed the respondent authorities to decide on her ST certificate application by 11.02.2025. “It is made clear that the decision shall be taken strictly in conformity with the clarification issued by the Social Welfare Department in pursuance to the opinion of the Ministry of Home Affairs and the Law Department”, the court concluded while disposing the plea. Case Title: Shivaeta Rani Vs Union Of India & OrsCitation: 2025 LiveLaw (JKL) 28Click Here To Read/Download Order

Woman's Caste Determined By Birth, Not By Marriage: J&K HC Reiterates Home Ministry Circular, Seeks Timely Decision On Woman's ST Certificate

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