'Caste is determined at birth...' Important comment from the Allahabad High Court
The Allahabad High Court ruled that a person's caste is determined at birth and remains unchanged even if they convert to another religion or marry outside their caste.
In a significant decision, the Allahabad High Court emphasized that an individual's caste is inherently fixed at birth, which was articulated by Justice Anil Kumar Dasham during the dismissal of a criminal appeal involving a case under the SC/ST Act. The court also noted that a woman's original caste status does not change even if she marries a person from a different caste, highlighting the enduring nature of caste identity in Indian society.
The case involved a complaint from a woman who alleged that she was assaulted and verbally abused by the accused, who allegedly used casteist slurs against her. Additionally, the incident led to injuries for her and two others. The accused had challenged a summoning order issued by a special judge under the SC/ST Act, arguing that the complainant, despite being born into a Scheduled Caste community and originally from West Bengal, had forfeited her caste status by marrying a person from the Jat community.
This ruling by the Allahabad High Court underscores the complexities surrounding caste identity and marriage within India, reflecting ongoing societal debates over caste, discrimination, and the legal interpretations of such identities. It may also impact future cases related to caste and marriage, reinforcing the principle that caste remains an immutable aspect of a person's identity, regardless of personal choices or religious changes.