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IN THE HIGH COURT OF ORISSA AT CUTTACK
ARINDAM SINHA
Dipendri Nag @ Deepandri Nag – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. identity not lost by marriage (Para 1 , 2) |
| 2. marriage does not change caste (Para 3 , 6) |
| 3. state contests the petitioner's claim (Para 4 , 5) |
| 4. failure to prove practice of hinduism (Para 7 , 9) |
| 5. court supports authorities' findings (Para 8 , 10 , 11) |
JUDGMENT :
ARINDAM SINHA, J.
1. Mr. Acharya, learned advocate appears on behalf of petitioner and submits, impugned is order dated 23rd March, 2023 passed by the Collector, on appeal preferred against order dated 21st December, 2021 passed by the Tahsildar, refusing to issue caste certificate to his client.
2. He submits, there is no dispute his client was born into scheduled caste ‘Gonda’ family. On query from Court he submits, in year, 2019 she married a Christian. However that cannot cause her to lose her identity as belonging to the scheduled caste.
3. He relies on judgment of the Supreme Court in Sunita Singh v. State of U.P. , (2018) 2 SCC 493 , paragraph 5, reproduced below.
“5. There cannot be any dispute that the caste is determined by birth and the caste cannot be changed by marriage with a person of scheduled caste. Undoubtedly, the appellant was born in “Agarwal” family, which falls in general category and n
Caste identity is determined by birth and cannot be altered by marriage; however, renouncing a caste is possible if recognized by the community.
Caste status under the Scheduled Caste Order is conferred by birth in Hinduism; conversion to another religion negates this status, affecting claims to caste benefits.
Point of Law - The Presidential notification issued under Article 341 shows that members of the Hindu-Kuravan community are entitled to be treated as Scheduled Caste. The basis of reservation under A....
Conversion to Christianity results in loss of Scheduled Caste status; personal identity shifts following marriage under the Indian Christian Marriage Act.
Caste status determined by birth cannot be altered by inter-religious marriage, necessitating proper inquiry to reassess community eligibility for reservations.
Conversion to Christianity results in the loss of caste status; reconversion requires proof of acceptance by the original community.
It is determined that marriage to a Scheduled Caste individual does not confer Scheduled Caste status on a forward caste individual.
Point of Law : The object of Articles 341(1) and 342(1) of the Constitution is to provide additional protection to the members of the SC/ST having regard to the social and economical backwardness fro....
Caste status is acquired by birth, not by marriage, and a person cannot acquire the status of a Scheduled Tribe merely by marriage to a person belonging to a Scheduled Tribe community.
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