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Caste Certificate Can't Be Denied To SC Woman On Ground That She Married A Christian: Kerala High Court

LIVELAW NEWS NETWORK
6 Feb 2022 3:33 PM GMT
Caste Certificate Cant Be Denied To SC Woman On Ground That She Married A Christian: Kerala High Court
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'The caste or community of a person is to be decided on the basis of her/his birth in the said community'

The Kerala High Court has held that case or community of a person is to be decided on the basis of her birth in the said community and her marriage to a person to another community has no bearing on the grant of caste certificate.The Court was deciding a writ petition filed by a woman belonging to Hindu-Kurvan community, a Scheduled Caste, who was aggrieved by the rejection of caste...


The Kerala High Court has held that case or community of a person is to be decided on the basis of her birth in the said community and her marriage to a person to another community has no bearing on the grant of caste certificate.

The Court was deciding a writ petition filed by a woman belonging to Hindu-Kurvan community, a Scheduled Caste, who was aggrieved by the rejection of caste certificate to her on the ground that she had married a Christian.

The Court noted that the Presidential notification issued under Article 341 shows that members of the Hindu-Kuravan community are entitled to be treated as Scheduled Caste. The Ministry of Home Affairs has issued a Circular dated 02.05.1975 laying down the guidelines for issuing caste certificates. It is mentioned in the said Circular that a person who is a member of a scheduled caste or a scheduled tribe would continue to be a member of a scheduled caste or scheduled tribe, as the case may be, even after his or her marriage with a person who does not belong to a Scheduled Caste or Scheduled Tribe. 

The Court also noted that the object of Article 341(1) is to provide additional protection to the members of the Scheduled Caste having regard to the economical and educational backwardness from which they suffer.

Taking into account these factors, a single bench of Justice Raja Vijayaraghaan held :

"Since the petitioner was born as a Hindu Kuravan, there was no justification on the part of the respondents in rejecting the application on the ground that she had married a person belonging to the Christian community. The Apex Court in Sunita Singh Vs.State of Uttar Pradesh and Ors. [(2018) 2 SCC 493] had occasion to observe that the caste or community of a person is to be decided on the basis of her/his birth in the said community.

None of the above aspects was taken into consideration by respondents 5 and 6 while considering the application filed by the petitioner. The Village Officer proceeded on the wrong basis that by marrying a person belonging to the Christian community, the petitioner would lose her right as a member of a scheduled caste and she would thereby be disentitled to a certificate showing the community to which she was born. I also note that even the rejection order was not properly communicated. In that view of the matter, I am of the view that the entire matter requires reconsideration by respondents 5 and 6".

The Court disposed of the writ petition directing the Tahsildar and Village Officer to consider the petitioner's request for caste certificate.

Also Read :  Religious Conversion Won't Change Person's Caste; Inter-Caste Marriage Certificate Can't Be Issued Merely On Account On Conversion : Madras High Court

Case Title : Jyothsana A v Kerala Public Service Commission and others

Citation: 2022 LiveLaw (Ker) 62

Click here to read/download the judgment






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