Dear Members,
I would like to point out some Sc rulings, amongst many, wherein the apex court has held that a woman acquires the caste of her husband but the benefits do not confer on her automatically unless she goes through the disabilities which are associated to that caste and then only she can claim the benefits of that caste. also acceptance by that caste or community people play an integral part of the same. please go through the follwing excerpts :
In the case of Valsamma Paul (Mrs.) vs. Cochin University and others (1996) 3
SCC 545 this Apex Court examined the entire gamut and came to the conclusion
that the condition precedent for acquiring Scheduled Tribes Certificate one must
suffer the disabilities - Socially, Economically and Educationally.
In "Anjan Kumar vs Union Of India & Ors (SC)" decided on 14 February, 2006, it was held that "However, the woman (if she
belongs to forward class) cannot automatically attain the status of tribal
unless she has been accepted by the community as one of them, observed all
rituals, customs and traditions which have been practiced by the tribals from
time immemorial and accepted by the community of the village as a member of
tribal society for the purpose of social relations with the village community.
Such acceptance must be by the village community by a resolution and such
resolution must be entered in the Village Register kept for the purpose. Often
than not, such acceptance is preceded by feast/rituals performed by the parties
where the elders of the village community participated. However, acceptance of
the marriage by the community itself would not entitle the woman (Forward class)
to claim the appointment to the post reserved for the reserved category. It
would be incongruous to suggest that the tribal woman, who suffered
disabilities, would be able to compete with the woman (Forward class) who does
not suffer disabilities wherefrom she belongs but by reason of marriage to
tribal husband and such marriage is accepted by the community would entitle her
for appointment to the post reserved for the Scheduled Castes and Scheduled
Tribes. It would be a negation of Constitutional goal."
Total thanks : 1 times
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Dear Manish, this is interesting issue and let me also add that in the case of Villaswami Paul, the two Judges of the Supreme Court, K.Ramaswami and B.L.Hansaria: were of the view that wife becomes the member of the caste of her husband.Recognition by community,parents, not pre-requisite, but that would not entitle her to claim reservation under Articles15 and 16 . Inter-caste and Inter religion marriages would help in attaining secularism and agalitation objectives and promoting National Unity.Equlity,Liberty and Fraternity together form the foundation of Social Democracy and not for taking undue advantage under 15 and 16 of the Constitution, especially for those who have had an advantegous start in life.If the same is permitted there will be many falsr marriages in India for the sole purpose of obtaining the reservations. Expecting more contributions on the issue.
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