High court case status: caste cannot be
changed even if religion is changed.
Even if religion changes, caste does not change.
On one side, there are anti-forced conversion laws, and on the other side, everyone is saying that no one should be treated unfairly on the basis of caste or religion. The politics of the country revolve around the demand for reservations based on caste.
But if we look at the high court case status in this matter, they are creating a different picture. If we study all these high court case status results, it will be seen that women are at the centre of them. Two such results came out recently. one is . of the Chennai High Court, and the other is of the Bombay High Court. On the occasion of this high court case status and results, let's take a brief look at this subject.
The question is that even if a person converts, his caste also changes. Appeared before the Chennai High Court. Petitioner S., who is an electrical engineer, Paul Raj, a Scheduled Caste Adi-Dravidar by birth, married a Hindu Scheduled Caste woman named Amrita.
After the marriage, Paul Raj converted to Christianity and thus received a caste certificate as "backward caste" as per the prevailing law in Tamil Nadu and thus applied to the government court for an "inter-caste marriage" certificate so that he would benefit from it in a government job.
But his application was rejected, so the case reached the High Court. Considering all the sides and previous high court case status judgements, Hon. Subramaniam, while dismissing the petition on November 17, stated that "in Tamil Nadu, if a person belonging to a Scheduled or Backward Caste by birth is married to a person belonging to another caste, such a marriage is considered an 'inter-caste marriage' and such persons also get certain government benefits."
These provisions are meant to bring such marginalised people into the mainstream. But if such permission is given to a person like the petitioner, the nexus of such cases will be broken, and the original intention will be sidelined. Either the original caste of the petitioner does not change on account of his conversion, or therefore he cannot get the said benefit as caste does not change on account of a change of religion.”
high court case status; the second result is Hon. Bombay High Court. If a child is adopted by a single mother belonging to a Scheduled Caste, the child is entitled to a caste certificate like his mother, ruled Hon. A two-member bench of the Bombay High Court (Hon. Justice Shukre and Hon. Sanap) has recently given. A Mumbai-based Hindu-Mahyavanshi woman, a doctor by profession, adopted a 5-year-old boy from an orphanage.
Of course, since there was no information about the child's biological parents, this woman applied in 2010 to get the child's caste certificate as well as her own caste. However, the caste verification committee rejected the application on the grounds that there were no documents about the caste of the birth parents, and the appeal was also rejected, so the woman had to fight for the caste certificate in the Bombay High Court.
Hon. High Court case status: It has been stated that "the caste of the birth parents at the time of adoption is irrelevant, and as a matter of law, the adopted offspring is considered to be the same as the offspring born to the adoptive parents, and once the adoption process is completed, the true caste of that offspring is considered.
" All loops of parents are automatically terminated. So the approach of the caste verification authorities is wrong." Of course, each case has a different background, so a background check is necessary to apply the decisions of the superior courts.
Also in the future, suppose a same-sex couple adopts a child or a child is born through technology like surrogacy. The question of the caste of such a child may arise, and it is felt that the law needs to be changed with time.
Regarding caste and religion, Mr. The view of the Supreme Court has remained pretty much the same, as will be seen from the following judgements.
The Hon. Supreme Court in Sunita Singh v. Government of Uttar Pradesh, Civil Appeal No. 487/2018, while giving this petition, stated that the caste of a woman born in an open category does not change because she marries a man of another caste. In this case, they also got government jobs on the basis of their husband's caste. But Sunita Singh did not cheat to get a caste certificate.
Also, as it was proved that she had worked with integrity for 21 years and had a clean record, the Supreme Court, taking a lenient view in its prerogative, awarded Sunita Singh "compulsory retirement" instead of "dismissal," thereby entitles Sunita Singh to all post-retirement benefits. The way was cleared.
Hon. The 'full bench' of the Bombay High Court also in 2010 in the case 'Rajendra Srivastava v. Government of Maharashtra', while giving its verdict in the high court case status, stated that if a woman born in Scheduled Castes and Tribes marries an open caste man, that woman's caste does not change and her Scheduled caste benefits cannot be taken away merely because of marriage.
Also, on the petition of 2016 'Mohammad Sadiq v. Darbar Singh', M. A. Supreme Court judgement is also important. Mohammed Sadiq, who is a Muslim by birth but born in the Scheduled Caste of Dum, accepts Sikhism alone, but his parents and wife do not convert.
Eventually, he contests and wins the Assembly elections for the Congress Party from Bahadur, Punjab, which is reserved for the Doom caste. His election is then challenged on "caste." The Supreme Court then ruled that "caste does not change because of a change of religion, and the conversion of Mohammad Sadiq does not become illegal because the rest of the family members did not convert."
In 2015, the Supreme Court in K.P. ruled that if parents from Hindu-scheduled castes convert to Christianity and their child reverts to Hinduism, and such re-conversion is accepted by society, the child can get caste-based benefits. Manu is given on this famous petition.
Kalam 26 of the Hindu Succession Act also has to be examined on this background. According to this section, if a Hindu person converts, his descendants or heirs after conversion will not have any right to the property of other Hindu heirs. But what is conversion? Does marrying someone of another religion lead to conversion? There is no provision in the said Act in this regard.
Converting means abandoning all religions! !
"Conversion can mean renunciation of all religions. Under Article 25 of the State Constitution, the right to practice a religion includes the right not to practice it. A person can make a resolution through the government gazette that he does not follow any religion.
Therefore, the government cannot force any person to declare his religion," a very important judgement high court case status was given in 2014 on the petition Dr. Ranjit More v.
Government of Maharashtra. But which inheritance law applies in the case of such "irreligious" persons? Or questions may arise as to which law applies to marriage and divorce, because these laws still vary according to our religion.
Caste-religion-based disparities should be eliminated, and caste-religion-based facilities and concessions are two mutually contradictory demands. Eradication of economic disparity is more important. Finally, unless there is a law that caste can be renounced along with religion, then the courts will have to say that "caste" is not caste.
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