Explained: Does a woman acquire her husband’s caste? | Bengaluru - Hindustan Times
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Explained: Does a woman acquire her husband’s caste?

ByAswetha Anil
Mar 23, 2022 11:57 PM IST

Recently, Karnataka High Court rejected a petition filed by a Gram Panchayath member, who had been elected under the Scheduled Tribe category, on the ground that she did not belong to the community by birth. Does a woman acquire her husband’s caste?Let's find out:

Why is it in the news?

Karnataka High Court rejected a petition filed by a Gram Panchayath member, who had been elected under the Scheduled Tribe category, on the ground that she did not belong to the community by birth.(PTI)
Karnataka High Court rejected a petition filed by a Gram Panchayath member, who had been elected under the Scheduled Tribe category, on the ground that she did not belong to the community by birth.(PTI)

Recently, Karnataka High Court rejected a petition filed by a Gram Panchayath member, who had been elected under the Scheduled Tribe category, on the ground that she did not belong to the community by birth.

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The verdict (Archana MG v. Abhilasha and Ors) was followed by a writ petition filed by the petitioner, who was a member of the Gram Panchayat from a constituency reserved for members of ST, was unseated from her position through an order by a civil judge on the grounds of lack of social status.

What is the verdict?

A single-judge bench of Justice Krishna S Dixit observed that ordinarily caste of a person is determined by birth but in rare circumstances, a lady can acquire the caste status of her husband. 

The court said: “Ordinarily, caste is determined by birth and caste of a person follows that of his/her father.” This is why Mahabharat states: "daivaa yatnam kule janma, purushaa yatnam pourusham." True it is, in rare circumstances, a lady acquires the caste status of her husband provided she pleads and proves her admission to the community of the husband by social acceptance.” 

However, this was not the stance taken by the petitioner in her objections to the election petition, as the petitioner is an elected representative of people and not a peasant or labourer, she cannot seek leniency, therefore it cannot be taken in the writ petition, the Court held while dismissing the petition. 

Similar judgement

The Hon’ble Supreme Court of India in a similar debate titled Sunita Singh Versus State of Uttar Pradesh and Others (dated 19/01/2018) decided that;

“Merely a woman marrying someone belonging to a scheduled caste category, that woman should not have been issued with a caste certificate showing her caste as scheduled caste.”

The case was on the appointment of a woman teacher who joined Kendriya Vidyalaya 21 years ago taking benefit of reservation on the ground that she was married to a Scheduled Caste man.

Similarly, in a case titled Rameshbhai Dabhai Naika vs State Of Gujarat & Ors (dated 18/01/2012) the apex court ruled;

"An SC/ST person suffers from disadvantages and indignities just because he or she is born into a particular caste, which he or she acquires involuntarily on birth... The suffering of such a person is not wiped out by marriage to a person born in a forward caste and the SC/ST label continues notwithstanding marriage,"

Hearing of an application by Mumbai resident Rajendra Shrivastava, who had sought anticipatory bail after his wife, a scheduled caste, accused him and her in-laws of dowry harassment and ‘casteist atrocities’, Bombay High Court also ruled the same.

Way forward

Although the court has repeatedly upheld its position regarding the debate of whether the caste of married women changes after marriage, misuse and ignorance is widely witnessed.

This significant verdict has a positive impact on inter-caste marriages and has also sought to protect the right of the SC/ST community, that will not be barred from the benefits that they are entitled to.

Conclusion

Does a woman acquire her husband’s caste? Yes and No.

The answer to the question is: The caste of a woman is determined by her birth, and the caste of a person follows that of her father and not her husband. Only in rare circumstances, a lady acquires the caste status of her husband.

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