Caste determined by birth does not change even after conversion or inter-caste marriage ! : Allahabad High Court

Prayagraj (Uttar Pradesh) – Caste is determined by birth and does not change even after an inter-caste marriage or religious conversion, observed the Allahabad High Court while dismissing a criminal appeal related to the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

The Bench of Justice Anil Kumar-X stated in clear terms, “Though a person may change religion, his or her caste remains the same despite conversion to another religion. Hence, marriage does not change a person’s caste. Therefore, the said contention is unsustainable.”

The observation was made during the hearing of a criminal case concerning a woman belonging to a Scheduled Caste who had married a man from another caste.

What is the case about ?

1. The woman alleged that the accused assaulted her, abused her and used caste-based slurs against her. In the incident, three persons, including the woman, sustained injuries. The incident occurred in Aligarh district.

2. The Court noted that the complaint clearly mentions assault and caste-based abuse, along with injuries to three persons. It observed that there was no merit in the appeal and that it deserved dismissal.

3. The appellants argued that the woman was originally a resident of Bengal and belonged to a Scheduled Caste or Scheduled Tribe community there; however, after marrying a person from the Jat community, she could no longer claim to be a member of a Scheduled Caste or Scheduled Tribe. They contended that by marrying into another caste, she had lost her original caste and had become part of her husband’s caste. Therefore, according to them, action taken against them under the Atrocities Act and other provisions was legally unsustainable and should be quashed.

4. Rejecting these arguments, the Court categorically held that such a contention was baseless. It reiterated that caste is determined by birth and does not change either by conversion or by marriage. On these grounds, the High Court dismissed the appeal.