Acquisition of status of the husbnd by a girl after marriage

Advocate

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."

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Advocate

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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Retired

Animal sacrifice is one of the rituals in many tribes. Will that lady of forward class marrying a tribal be expected to participate in sacrificial offering before being accepted as one of them? There may be tribes where women are expected to sacrifice animals themselves.

 
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