Court dismisses appeal challenging summons under SC/ST Act, reinforcing that marital status does not alter caste identity
In a significant decision, the Allahabad High Court has reaffirmed the legal principle that a woman's caste remains unchanged despite marrying into a different caste. The judgment was delivered by Justice Anil Kumar-X, who dismissed the criminal appeal filed by Dinesh and others against the order of the Special Judge, SC/ST Act, Aligarh. The appeal challenged the summoning order in a complaint case where the appellants were accused under various sections of the Indian Penal Code and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
The case arose from a complaint filed by a woman belonging to the SC/ST community, who alleged that she was assaulted and subjected to casteist slurs by the appellants. The appellants contended that the complainant had married a person from the Jat community, thereby losing her SC/ST status, and argued that the complaint was a counterblast to an FIR they had filed against her earlier.
Justice Anil Kumar-X, however, dismissed these claims, emphasizing that marriage does not alter a person's caste. The court maintained that while individuals may change their religion, their caste remains constant, thereby upholding the woman's right to claim her original caste status despite her marriage. The court also noted that the existence of a cross-case does not invalidate the complaint, as allegations from both sides pertained to incidents occurring on the same date.
The decision reinforces the legal understanding that caste identity is inherent and not subject to change through marriage, ensuring continued protection for individuals under the SC/ST Act. By dismissing the appeal, the court has set a precedent that could influence similar cases, strengthening the framework for caste-based legal protections.
Bottom Line:
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 - Marriage does not change a person's caste; a woman married to a person of another caste retains her original caste.
Statutory provision(s): Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 Section 14A(1), IPC Sections 323, 506, 452, 354, SC/ST Act Section 3(1)(R)
Dinesh v. State of U.P., (Allahabad) : Law Finder Doc id # 2852096
