general girl married to SC boy (love marriage)

Dear Kapil:I am sorry to add that India is a country where you will find a plethora of good things but to the extent of making fools of its citizens and thogh inter-caste marriage is encouraged to the extent but as per law ones caste doesn't change by maarying in the different caste.So if you married to a scheduled caste person,you don't become scheduled caste is what the supreme court has opined and ofcourse your childrens would be treated as scheduled caste if father belong to that catagory and we call it India is shining and equal rights to both s*xes.

WHAT AN IRONY?

Regards.

You can be treated as a member of the scheduled caste if the community people of your husband accept you as their member, for which you have to adopt the practice and custom prevalent among them. If you make an application to the revenue authorities and demand SC Cerifcate an enquiry would be made to verify these facts . If they are convinced, you can get the SC certificate

No my friend Isaac Gabriel:Do you mean if some SC boy belong to a particular caste and follows his craft for his living and the girl who married him starts following his husband's profession then she would become member of that caste then you are ignoring the very concept of CASTE BASED RESERVATION in India because it is BY BIRTH and not by ADOPTION.

I don't remember the Supreme Court ruling on this subject but I am pretty sure what I have presented here that she can not and will not be treated as Scheduled Caste, however her sibling born out of such wedlock would be treated as SC and would get the benefit of reservation as applicable in the present juncture.

I request the lawyers fraternity to shed light on this subject please.

Regards.

No my friend Isaac Gabriel:Do you mean if some SC boy belong to a particular caste and follows his craft for his living and the girl who married him starts following his husband's profession then she would become member of that caste then you are ignoring the very concept of CASTE BASED RESERVATION in India because it is BY BIRTH and not by ADOPTION.

I don't remember the Supreme Court ruling on this subject but I am pretty sure what I have presented here that she can not and will not be treated as Scheduled Caste, however her sibling born out of such wedlock would be treated as SC and would get the benefit of reservation as applicable in the present juncture.

I request the lawyers fraternity to shed light on this subject please.

Regards.

Actully Caste of a person is decided as per his/her birth, not by adoption. But in the present context, if a general girl marries to a SC boy & if the society of the boy adopts her, and if she applies her caste certificate owing to her husband's identity, she may get caste certificate of her husband. Once she gets the certificate, it is valid as long as it is challanged and cancelled by the authority.

It is our Constitution, that defines Scheduled Castes, Tribes etc. Later the Constitution was amended to define another set of castes as Other Backward Castes. Scriptures say about the caste of intercaste marriage children. But we do not follow scripttures. We follow the Constitution and other Acts based on that. The Constitution as well as other Acts are silent on the issue raised by Mr. Kapil. Only appropriate courts can give decision in such matters.

The thread below will show you the way.

I'm girl from OBC kshatriya married with SC boy can my children get the priviledge of my surname and caste?or No Caste No Religion only as a Indian citizen??

The caste status cannot be acquuired by marraige.  She remain gen cantegaory even if married to SC.

My Sister of general category is married to an SC family. After which she got a SC certificate too. On which she got a job in central govt. under SC reserved seat. Now after 8 years of her job an enquiry is highlighted by the department questioning her status of being SC. I want to know when a girl is married to a Man she is futher known by the cast of her husband, the child from this married couple are also given this status. Then why can't the girl have the same right. As Mr Isaac Gabriel is suggsting 

Originally posted by : Prabhjot
	My Sister of general category is married to an SC family. After which she got a SC certificate too. On which she got a job in central govt. under SC reserved seat. Now after 8 years of her job an enquiry is highlighted by the department questioning her status of being SC. I want to know when a girl is married to a Man she is futher known by the cast of her husband, the child from this married couple are also given this status. Then why can't the girl have the same right. As Mr Isaac Gabriel is suggsting

she is not entitled to be treated as SC merely if she married an SC.  Did she get the certificate from correct authority and whether all truth was filled in the application form.

In the case of Valsamma vs. the State of Kerala, the Kerala High Court held that though Valsamma was married into a lower caste she could not claim the benefits reserved for the lower caste. Valsamma was a Syrian Catholic woman (forward caste) who married a Latin Catholic Man (backward caste) and the question arose whether by virtue of her marriage she was entitled to appointment to a post of a lecturer that was reserved for Latin Catholics (Backward class fishermen). Our Constitution guarantees equality of all. Reservations for certain castes are an exception to this rule. The premise of such reservation is that those born into such lower castes suffer disadvantages and disabilities. They are brought up in such surroundings where there are no educated people around to interact with. There are also many other similar factors. A person who is born into a higher caste does not suffer such disabilities even if he or she marries into a lower caste after becoming an adult. I am attaching herewith the Supreme Court judgment in the case of Rameshbhai Dabhai Naka vs. the State of Gujarat. The judgment is comprehensive and settles all such cases and other cases arising out of inter-caste marriage.