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2025 Supreme(Online)(Ker) 45194
IN THE HIGH COURT OF KERALA AT ERNAKULAM
VIJU ABRAHAM, J
SAVITHA T.K. – Appellant
Versus
STATE OF KERALA – Respondent
WP(C) NO. 32814 OF 2022
For the Appellants/Petitioners: SHRI.KALEESWARAM RAJ, SMT.SHILPA SOMAN, THULASI K. RAJ
For the Respondents: SRI.ROBIN RAJ M.K., SRI.P.C.SASIDHARAN, SC
Caste is immutable and determined by birth; marriage or conversion does not alter caste identity for affirmative action benefits.
Headnote:(A) Constitution of India - Article 16(4) - Caste determination - The petitioner claimed entitlement to benefits of the Pulayan community despite conversion to Christianity. The Court emphasized that a caste is defined by birth and cannot be changed by marriage or religion conversion, reaffirming rights under Article 16(4) for socially backward classes. (Paras 3, 6, 7)
(B) Community certificate - The Court ruled that the refusal to issue a community certificate upon conversion without considering the petitioner's suffering and background was unjust and the caste remains unchanged by marriage or religion. (Paras 6, 7)
Facts of the case:
The petitioner, a Hindu by birth, was denied a community certificate as an SC due to her conversion to Christianity after marriage. The Court recognized her continuous social backwardness and entitlement to the benefits associated with her birth caste.
Findings of Court:
The Court concluded that a person's caste cannot be altered by personal choices like marriage or religious conversion, thus allowing the issuance of the community certificate as requested.
Issues: Principal questions concerned the validity of caste status despite religious conversion and whether marriage changes caste identity.
Ratio Decidendi: The Court determined that the caste identity is immutable and rooted in birth regardless of the individual's actions such as marriage or religion change, reaffirming earlier judicial decisions.
Result: Writ petition allowed.
| Table of Content |
|---|
| 1. petitioner claims caste status despite marriage conversion. (Para 1 , 2) |
| 2. legal contention regarding community certificate issuance. (Para 3 , 4) |
| 3. court views on caste immutability. (Para 6) |
| 4. final ruling on caste identity and community certificate. (Para 7) |
JUDGMENT
The above writ petition has been filed seeking for a declaration that the petitioner belongs to Pulayan Caste and is entitled to all the benefits of Pulayan Community, including the community certificate and further, for a direction to the 4th respondent to issue a community certificate to the petitioner showing that the petitioner belongs to the Scheduled Caste (SC) community.
2. The brief facts necessary for the disposal of the writ petition are as follows:
The petitioner is a person who belongs to the Hindu 'Pulayan' Community, which is a Scheduled Caste, included as a recognised Scheduled Caste community as per Second Schedule of the Constitution (Scheduled Castes) Order, 1950, a copy of which is produced as Ext.P1. The petitioner was born in the Pulayan community and she was raised as a Pulayan following the Hindu Pulayan customs and traditions with all the disadvantages attached to the caste. She was treated so by the Pulayan community members. In Ext.P2 SSLC certificate, the petitioner's caste is shown as Pulayan. Since birth, the petitioner was born and brought up by her parents who belong to the Hindu Pulayan Community. Thereafter, the petitioner got married to one Eldho N.P, who belongs to the Syrian Jacobite Christian religion on 31.01.2011 and the marriage was registered on 21.02.2011 as evident from Ext.P3 marriage certificate. The petitioner before her marriage had gone through the process of baptism and has nominally changed her religion from Hinduism to Christianity. The petitioner submits that such a change of the religion of the petitioner was done only for the purpose of marriage and even after the marriage, the petitioner continued in the social backwardness attached to her caste. It is the contention of the petitioner that even after marriage, the petitioner continued to suffer the social, economic and educational backwardness and the society around always treated her as a person belonging to Pulayan community living in the same social tenet and the said situation has not been altered due to marriage. Even after the marriage, the petitioner was granted Exts.P4 and P5 community certificates showing that the petitioner belongs to the Hindu Pulayan community. Thereafter by Ext.P6 the petitioner applied for a community certificate before the Village Office, lykaranadu North. The officials of the Village Office informed the petitioner that, community certificate stating that she belongs to the Hindu Pulayan community cannot be granted as she has converted her religion from Hinduism to Christianity. The petitioner submits that she has been included in the Scheduled Caste supplementary shortlist for the post of Assistant Salesman (Wayanad) in Kerala State Civil Supplies Corporation and the non issuance of Community Certificate will affect the petitioner's career prospects. It is in the said circumstances that the petitioner has approached this Court.
3. By an interim order dated 17.10.2022, a direction was issued to the 4th respondent to issue a provisional community certificate to the petitioner subject to the final outcome of this writ petition. Now the Kerala Public Service Commission has issued Ext.P9 communication wherein the candidates were obliged to upload original community certificate(which is not provisional).
4. The Special Government Pleader for Scheduled Caste and Scheduled Tribe Department on the basis of the counter affidavit filed by the 3rd respondent submits that it is true that the petitioner belongs to Hindu-Pulayan Community, but after her marriage to a person belonging to Christian religion, after going through the process of baptism and changing her religion from Hinduism to Christianity, the petitioner is not
