Allahabad High Court Dismisses Appeal, Affirms Caste Identity Unchanged by Marriage or Religion
In a landmark ruling, the Allahabad High Court has firmly stated that a person's caste, determined at birth, remains immutable regardless of religious conversion or entering into an inter-caste marriage. This significant decision was delivered on January 10, as the court dismissed a criminal appeal filed by a group of individuals challenging a summoning order under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and various sections of the Indian Penal Code.
Background of the Case and Petitioners' Argument
The appeal was initiated by Dinesh and eight other petitioners, who contested an order issued by the Special Judge of the SC/ST Act in Aligarh. The order summoned them to face trial for alleged offences, including assault and the use of casteist slurs during an altercation. The informant, a woman originally from West Bengal and belonging to a Scheduled Caste by birth, had filed a criminal complaint accusing the appellants of these acts, which resulted in injuries to three individuals, including herself.
The core argument presented by the appellants was that the informant had lost her SC status after marrying a man from the Jat community. They contended that upon marriage, a woman adopts her husband's caste, thereby relinquishing her original caste identity. Based on this premise, they argued that summoning them under the SC/ST Act was unsustainable, as the informant no longer qualified as a member of a Scheduled Caste. Additionally, the appellants claimed that the complaint was a retaliatory measure, filed after they had lodged a prior First Information Report against the informant and her family.
Court's Reasoning and Rejection of Petitioners' Plea
Justice Anil Kumar-X of the Allahabad High Court unequivocally rejected the petitioners' contention. In his ruling, he emphasized that "though a person may change religion, his or her caste remains same despite conversion to another religion. Marriage does not change a person's caste. Therefore, the said contention is unsustainable." This statement underscores the court's view that caste is an inherent characteristic tied to birth, not subject to alteration through personal choices such as marriage or religious affiliation.
The court further noted that the trial court had properly summoned the appellants after a thorough consideration of the informant's statements, witness testimonies, and injury reports. It highlighted that the existence of a cross-case, where the appellants had filed an FIR against the informant, did not invalidate the complaint or serve as grounds for dismissal. The state counsel opposed the appeal, pointing out that the incidents described in the complaint and the FIR occurred on the same date, making the claim of a counterblast complaint untenable.
Implications and Broader Context
This ruling reinforces the legal framework surrounding caste identity in India, particularly under the SC/ST Act, which aims to protect marginalized communities from discrimination and violence. By affirming that caste remains unchanged by marriage or religion, the court has upheld the principle that such identities are deeply rooted and not easily shed, ensuring continued protection under the law for individuals from Scheduled Castes and Scheduled Tribes.
The decision also addresses broader societal issues, as inter-caste marriages often face social and legal scrutiny. It clarifies that legal protections based on caste are not forfeited through matrimonial alliances, thereby supporting the rights of individuals to marry outside their caste without losing their ancestral identity or legal safeguards. This case serves as a precedent, potentially influencing future legal interpretations and disputes involving caste-based offences and personal status.
