Caste and religion status after marriage

@Author

Your question are multi-fold and it is better to demystify them probnably in below ways;


- when persons belonging to different castes marry, what happens to their caste status? 

- What will be the caste status of their children?  Whether a woman belonging to a forward community and marrying a SC / ST /OBC citizen becomes entitled to claim reservation under the SC/ST/OBC quota?  

The issue "If a woman who by birth belongs to a scheduled caste or a scheduled tribe marries to a man belonging to a forward caste, whether on marriage she ceases to belong to the SC or the ST?" came up for consideration before the Full Bench of the Bombay High Court in Rajendra Shrivastava  vs. State of Maharashtra, (2010) 112 Bom LR 762 and the Full Bench held as follows:-

"When a woman born in a scheduled caste or a scheduled tribe marries to a person belonging to a forward caste, her caste by birth does not change by virtue of the marriage. A person born as a member of a scheduled caste or a scheduled tribe has to suffer from  disadvantages,  disabilities  and  indignities  only  by virtue  of belonging  to the particular caste which he or she acquires  involuntarily on birth. The suffering of such a person by virtue of caste is not wiped out by a marriage with the person belonging to a   forward   caste.   The   label   attached to a person born into a   scheduled caste or a scheduled tribe continues not withstanding the   marriage.   No   material has been placed before us by the applicant   so   as   to   point   out   that   the   caste   of   a person can be changed either by custom, usage, religious sanction or provision of law."

The Hon'ble SC in Rameshbhai Dabhai Naika  Vs. State of Gujarat & Others (CIVIL APPEAL NO. 654 OF 2012) -  Decided on January 18, 2012 was pleased to endorse the above view of the Full Bench Judgment of the Bombay High Court. The Hon’ble SC was also pleased to observe that the view expressed earlier by the Supreme Court in Valsamma judgment that in an inter-caste marriage or a marriage  between a tribal and a non-tribal the woman must in all cases take her   caste from the husband, as a rule of Constitutional Law is a proposition, the correctness of which is not free from doubt.

However, now you may ask us another generic question - Whether a woman marrying a SC / ST /OBC citizen becomes entitled to claim reservation under the SC / ST / OBC quota or status of her under India's various personal Laws?  The answer is: No. The Hobn’ble SC of  India has held that a candidate who had the advantageous start in life being borne in a forward community and had march of advantageous life but is transplanted in backward class by adoption, marriage or conversion does not become eligible to the benefits of  reservation.

You may next ask this forum - what will be the caste of the children out of such unions? Well the question of the status of a child born to a ST mother from a forward caste father came up for consideration before the Hon'ble SC in Rameshbhai Dabhai Naika Vs State of Gujarat & Others (CIVIL APPEAL NO.  654  OF 2012 -  Decided on January 18, 2012) and the Apex was pleased to held as follows:-

"In an inter-caste marriage or a marriage between a tribal and a non-tribal there may be a presumption that the child has the caste of the father. This presumption may be stronger in the case where in the  inter-caste  marriage   or  a  marriage   between   a  tribal   and  a non-tribal the husband belongs to a forward caste.   But by no means   the   presumption   is   conclusive   or   irrefutable   and   it   is open   to   the   child   of   such   marriage   to   lead   evidence   to   show that he/she was brought up by the mother who belonged to the scheduled caste/scheduled tribe. By virtue of being the son of a forward caste father he did not have any advantageous start in life   but   on   the   contrary   suffered   the   deprivations,   indignities, humilities   and   handicaps   like   any   other   member   of   the community to which his/her mother belonged.  Additionally, that he was always treated a member of the community to which her mother   belonged   not   only   by   that   community   but   by   people outside the community as well.   In the case in hand the tribal certificate has been taken away from the appellant without adverting to any evidences and on  the  sole  ground   that   he  was  the  son  of  a  Kshatriya father. The   orders   passed   by   the   High   Court   and   the   Scrutiny Committee, therefore, cannot be sustained. The orders passed by the High Court and the Scrutiny Committee are, accordingly, set aside and the case is remitted to the Scrutiny Committee to take a fresh decision on the basis of  the evidences that might be   led   by   the   two   sides. "

Based on above large piece of wisdom from Apex Court therefore in the enquiry which will be conducted before issuing the community certificate, the person who claims the status of SC / ST of his / her father or mother has to establish that on his/her birth, he/she is subjected to the same social disabilities and also following the same customs and traditions and that the community has accepted that person to its fold.

The provision to inherit the caste from mother will go a long way in mitigating the hardships faced by a large number of children born of inter caste marriages.  Suppose a neglected or deserted SC / ST woman, married to a non SC / ST man, brings up her child with the same handicaps, sufferings, disadvantages attached to that caste/tribe, it is too harsh to deny the benefit to that child on the sole reason that the child's father belongs to non SC / ST.

P.S.:

1. All ‘you’ get mentions here are generic.

2. The above mentioned decisions of the Hon'ble Supreme Court of India provide the
    answers to the questions mentioned at the  beginning of this post

Dear Sir

Thank you very much Sir. But I am aware with the information you provided. I am aware with (CIVIL APPEAL NO.  654  OF 2012 -  Decided on January 18, 2012) .

Here my queries are very specific. I am further restating my queries .

When any Christian girl married with Hindu boy with proper Hindu tradition marriage with consent of both side parents and with proper hindu/vedic rituals, then whether she becomes hindu, as She married to hindu boy through proper hindu marriage?

whether she remains christian even after marriage?

whether rules of HIndu marriage act apply on her?

I tried to specify my queries.

I understand that her ST status will remain same. But what about her christian Religion? Whether she will cease to be christian or her religion will be hindu now?

Becuase In hindu Marriage  act, there is no inter-religion marriage. Both bride and groom must be hindu. But there is not  mention of conversion to hindu religion for marriage. Secondely in Hindu marriage system, girl after marriage is considered  the part of family/society of groom. there is not any independent identity of bride then.

Kindly give your legal view

regards

Rajeev

@ Author,


In India one need to get converted to get married to a person of another religion. Inter-religious, inter-caste, inter-national marriage can be legally solemnized by Civil form in India under the Special Marriage Act,1954. The question of HMA in play does not arise here in your illustration..

The marriage customs followed for thread post instance marriage may have been Hindu one but that does not mean now she has to follow Hinduism and or Christianity post her marriage from day one!  

When a Christian gets converted and becomes a Hindu and marries outside Church, Civil Law recognizes that conversion and marriage. That is where Special Marriage Act squarely fits in. However Church canons / Law considers that marriage as civil concubinage that is to explicitly express that, is no true marriage and any children out of such wedlock are considered illegitimate and so will not be admitted to a Church-run school so far as my legal knowdge for India says. At the same time such a person although considered not married as far as Christianity is concerned cannot marry a different person in Church unless they obtain a civil divorce!.

In above three short paragraphs I have explained two main legalities;

1. The girl was converted to Hinduism and then married to Hindu boy. It was to be a Civil Marriage and this marriage has to be done under Special Marriage Act and so is Marriage Registration and not under HMA. HMA has no role to play in inter - religious marriages.

2. The marriage might have been done as per Hindu customs which is non - issue for perpetuity as to what religion she has to follow now ! It is obvious that she could choose either Christianity and or Hinduism as per her wish or the boy's family's wish. Normally when one spouse with wide open eyes gets converted into another religion then that spouse is suppose to follow converted religion for keeping long term familial harmony and there is no two way out for matrimonial read with elders in upper hand spouse family not to have seen through it. 

You cannot take advantage of your wishes in illustration be it for research purposes and or to appease Boys family afterall post Hindu customary marriage cannot be forced upon her to follow Hinduism nor post a Christian girls marriage she can force upon boys family that she will only follow Christianity.

Law comes only in picture when there is a interr-religon conflict but here it is straightforward one i.e. conversion took place from Christianity to Hinduism and their marriage was a Hindu ceremony but when it comes to question of registration (compulsory now) it has to follow Special Marriage Act route.

Re.: Ashok Kumar Todi Vs. Kishwar Jahan and others [Criminal Appeal No. 602 of 2011]

Where Hon'ble SC has given following opinion on inter-caste and inter-religious marriages

A person has freedom and right to marry person of one's choice outside one's caste..... and further held

i) if any boy or girl who is major undergoes inter-caste  or inter-religious marriage, their marital life should not be disturbed or harassed and if anyone gives such threat or commits acts of violence or instigates, it is the responsibility of the officers concerned to take stern action against such persons as provided by law.

ii) Police officers have no role in their conjugal affairs and the law enforcing authorities have no right to interfere with their married life and in fact they are duty bound to prevent others who interfere in their married life.

Out of above large piece of discussions what I personally feel, your query is that you actually want to know what would be REGISTERED RELIGION of the girl and or boy under Civil Marriage Laws? If I am correct with this parting observation then under Special Marriage Act Registration the girl can retain Christian as her religion (on Court Papers) and the Boy obviously will write Hindu (on Court papers). She cannot take advantage / benefits of Hindu Marriage Act due to she been into a Hindu customry marriage post their SMA Registration. The ZSMA Marriage that they dis is a valid marriage.

If you have more questions and somehow these two reply postings of mine as legal explanations are not upto your expectations then I will take a pause with a saying "‘Marriages are made in heaven, but the forms are filled on earth’" and may probably watch this board for others to comment upon and understand if there could be more recent Law than what I expressed here J  

Dear Sir

Thank you very much for prompt and comprehensive reply.

After summing up all the discussion, I can understand certain points, which are given herein:

1. Conversion is very much required to get married with person with another religion. Only SMA (Special Marriage act permits the marriage between person of two different religion without conversion).

2.  As you said “When a Christian gets converted and becomes a Hindu and marries outside Church, Civil Law recognizes that conversion and marriage. That is where Special Marriage Act squarely fits in. However Church canons / Law considers that marriage as civil concubinage that is to explicitly express that, is no true marriage and any children out of such wedlock are considered illegitimate and so will not be admitted to a Church-run school so far as my legal knowdge for India says. At the same time such a person although considered not married as far as Christianity is concerned cannot marry a different person in Church unless they obtain a civil divorce!.” In this case marriage did not take place as per Christian customs, therefore Church will not accept her and she can’t avail facilities provided by churches.

3. Whether Name of Girl will be removed from the membership of church?

4. There is no role of HMA (Hindu Marriage act) . It was only for gaining acceptance of family and society.

Girl is legally Christian as you said “If I am correct with this parting observation then under Special Marriage Act Registration the girl can retain Christian as her religion (on Court Papers) and the Boy obviously will write Hindu (on Court papers).”  However she will be socially obliged to follow Hindu traditions. “It is obvious that she could choose either Christianity and or Hinduism as per her wish or the boy's family's wish. Normally when one spouse with wide open eyes gets converted into another religion then that spouse is suppose to follow converted religion for keeping long term familial harmony and there is no two way out for matrimonial read with elders in upper hand spouse family not to have seen through it” for harmony in family she will supposed to follow Hindu traditions “You cannot take advantage of your wishes in illustration be it for research purposes and or to appease Boys family after all post Hindu customary marriage cannot be forced upon her to follow Hinduism nor post a Christian girls marriage she can force upon boys family that she will only follow Christianity”.

( not compulsory)

5. One place you mentioned that she is converted to Hinduism from Christianity “1. The girl was converted to Hinduism and then married to Hindu boy.  “  however no where I mentioned that girl converted to Hinduism, I just mentioned that girl is married with as per Hindu tradition. And it was my query that after marrying through Hindu tradition, girl becomes Christian?

Here I have certain more queries:

1. Do Hindu Customary/ traditional (Saptpadi) Marriage in itself process of converting a person to Hinduism from any other religion? Because no other separate procedure of converting to Hinduism is mentioned in HMA for the purpose of Marriage under HMA for couple of different religion other than Hindu.

2. What will be the religion of children? Whether children will be entitled for NAMKARAN SAMSKAR/ Yognopavit as per Hindu Tradition or child will receive Baptism?

3. Whether Marriage further can be registered Under HMA? whether any marriage can be registered under two different marriage act ( i.e Special Marriage act and Hindu marriage act, Special Marriage act and Christian marriage act. etc as SMA is applicable common to all religion)

Kindly give your valuable views

Regards

Rajeev

Dear sir/madam

Good noon.i'm shri from ahmedabad working as manager in a bank. i was born on 05/06/1980 in hindu SC family and my father got retired whose pension is also under 3.00 lacs. In 2006 i applied under SC quota for PSU bank job, passed and subsequently confirmed and working in the bank for the past 6 years. In the year 2010 i embraced islam, changed my name to muslim  name in indian gazette and the next year i got married to a muslim girl. Howevrr still all my certificates are in my previous name (hindu name) including therecords with my present bank. On above scenario i need your professional advise/ guidance as follows:

1) Whether i can still apply for govt exams under SC quota? (to avail age concession)

2) whether my departmental promotions will be governed by SC quota or OBC?

thanks in advance

resp sir

myself santosh sawai resiciding at aurangabad , my question is ,that what will be the my caste if my mother belongs to nt hindu bhope and my father is open hindu , and if i want follow the caste of mother then what will be the criteria for that  process i had govt circular regarding the caste status of child borne in intercaste marriages in that stated if child willing to follow the mother caste then he can follow , but this circular is regarding sc and st  caste ,my mother belongs to nt ,can i follow these rules and regulation ? is there any rules for nt caste ? plz tell as early as possible .
 

forget about the mode  of marriage.

One keeps the caste status which he had at the time of birth.

ST status is not dependent on religion so the girl is entitled for ST status.

the SC boy converted to christianity.  He looses SC statusell as for children.  His children will be gen category

i belongs to islam am planing to marry a girl who changed her religion from christianity to islam and adopted a muslim name before mariage  now the thing is that she wanted her all 10th,12th and degree certificates in newly adopted muslim name 

so my question is 

whthr she will get (reissue) all her documents in the new muslim name ?

if no is it any special law like after mariage if she applies she will get the new documents?

whthr she will be able to apply pasport in the new muslim name

@ Salman

you should have started query on independent threat.  However generally boards do not issue fresh certificate on conversion.  However, you may checkfrom board.

@ Salman

you should have started query on independent threat.  However generally boards do not issue fresh certificate on conversion.  However, you may checkfrom board.