The court specifically emphasized that a non-Dalit person cannot enter the Dalit community through marriage. If this is believed, it will promote caste discrimination in society.
The trial court had acquitted her on the ground that she had married a Dalit man and thus she is now a member of the Dalit community herself. The High Court completely rejected this argument.
Shimla- The Himachal Pradesh High Court has clarified in an important order that caste is determined by birth and cannot change after marriage. This order has come in a case where a non-Dalit woman had described herself as a member of the Dalit community after marrying a Dalit man. Rejecting this argument, the court has ordered to restart the case going on against her under the SC/ST (Prevention of Atrocities) Act.
The case began when the accused Sarojini was booked under Sections 451, 323, 504, 506 of the IPC and Section 3(1)(s) of the SC/ST Act for having an affair with a Dalit man. The trial court had acquitted her on the ground that she had married a Dalit man and was thus now a member of the Dalit community herself. The High Court completely rejected this argument.
The bench of Justice Rakesh Kainthala made it clear in its judgment that “caste is an innate identity which does not change throughout life”. The court said that if caste change is allowed after marriage, it would undermine the basic purpose of the SC/ST Act. The court cited the Supreme Court’s Valsamma Paul case (1996) in this matter. Justice Kainthala quoted the Bombay High Court’s observation: “The misery of a person born in a Scheduled Caste does not end by marrying a person from an upper caste. The label attached at birth persists irrespective of the marital relationship.”
Similarly, the Karnataka High Court’s judgment in Bhimappa Jantakal vs State of Karnataka (2022) was cited, which held that “a Scheduled Caste woman does not lose her Scheduled Caste status on marrying a forward caste man, and the caste identity of her children continues to be retained.”
All these judgments had made it clear that caste is acquired by birth and cannot be changed either by marriage or in any other manner. The court particularly emphasised that a non-Dalit person cannot enter the Dalit community through marriage. If this is held, it will promote caste discrimination in society.
The High Court has set aside the trial court’s decision and remanded the case for reconsideration. The court has directed that the trial court should frame charges afresh after hearing both the parties. Along with this, both the parties have been directed to appear in court on August 1. This decision is being considered a big step towards social justice.
This decision is not only important from the legal point of view but it will also have far-reaching consequences socially. This has made it clear that caste identity is not something that a person can change as per his convenience. The court clarified that its decision is only to clarify the legal position and it is not a comment on the merit of the case. Now the hearing of this case will start again in the trial court.
Geetha Sunil Pillai
Courtesy : Hindi News