Sc reserved muslim wife. contesting screserved mp elections
Querist :
Anonymous
(Querist) 18 May 2024
This query is : Resolved
Respects Sir /Madam I am retired scientist, Government of India. submit the following for clarification. A Hindu SC Reserved lady married to a Muslim. She is contesting MP elections from SC reserved constituency, As per my knowledge, caste is applicable after the intercaste / Inter Religion marriage. But, in this case, the very purpose of providing reservations is defeated as it was provided for the upliftment of the society that lady belongs . Since our is Patrilineal society ( except Kerala State), the children of them get father lineage as Muslims and the children not available to very society the lady belongs. Muslims customs and conventions are different from hundus, Muslim children cannot understand and help the society the lady belongs to. If it is inter caste marriage between hundus, the customs and convections of all castes are same, then the children born to such couple can help respective communities / castes. can we challenge it in the supreme court to make it null and void to use the birth caste in assembly and parliament elections. Here both the issues are at stake. 1. very purpose of reservations in laws making institutions defeated and 2. Customs and conventions being changed. Hence the society to which the sc lady belongs will not get any help from her children and it is enriching others out her society
T. Kalaiselvan, Advocate
(Expert) 19 May 2024
If she has not converted to Muslim after her marriage then she can very well retain her community status and can enjoy the privileges available to her caste without any restrictions.
Your case that you propose to file may not be maintainable
Sudhir Kumar, Advocate
(Expert) 19 May 2024
you said
" Hindu SC Reserved lady married to a Muslim. She is contesting MP elections from SC reserved constituency "
Nothing illegal. she is SC as long as she is hindu even after marriage.
kavksatyanarayana
(Expert) 19 May 2024
SC lady who is a Hindu is not converted into Muslim religion hence she is eligible for SC reservation.
T. Kalaiselvan, Advocate
(Expert) 20 May 2024
She can very well contest the elections based on her original caste provided she had not converted herself to other religion and continues to remain in her own faith of religion even after marriage.
You have not stated that how you are aggrieved by her act of contesting the elections
P. Venu
(Expert) 21 May 2024
Yes, she can contest if she continues to be a Hindu (that is, she has not converted to be Muslim for the purpose of Nikah) even after marriage.
Querist :
Anonymous
(Querist) 25 February 2025
you are all wrong. it is a fraud on the constitution that reservations are provided for unliftment of the scs. her kids are no more SCs. her kids names are muslim names. the exposure given to her kids no more useful to the sc reserved society as they are professing islam to raise their voice against injustice being done . then where is upliftment of sc s, if every muslim married a sc female and getting benifited such as after her death, the mp pension will be given to her herband, after husband death, it will be given to her unmarried children, for male till he attaind 18 years , if there is femal child, it will be given till she settled in marriage by way off marriage. as per muslim personal law, the interfaith marriage is void even under the SMA. not eligle for inheritance property till the marriage is maderegular by female accepting the islam. if there is no ancesteral, property , the hindu female may say convienently i have not converted to islam. is it not fraud on the contitution. I did not expect out lawyer so poor to analys the contitutional provisions. just giving their opinion based on whatever they heard and believe. SMA doesn't exclusively say a hindu female marrying to Muslim can profess hunduism and eligible to her father caste reservation. wrong interpretation. And artice 341 read with contitution(scheduled caste) order 1950, doesn't say a hindu female marrying muslim eligible to retain her caste. The order clearly says , such people have to be resident of the sc locality. she married and staying in her husband muslim locality, her body, mind of her husband and thoughts on her husband. hown it be said manas, vachcha and karmana all are with her husband religion. The motto manasa, vacha, karmana is usually invoked to imply that one should strive to achieve the state where one's thoughts, speech, and the actions coincide.
Querist :
Anonymous
(Querist) 25 February 2025
shame on all of you for not making indepth analysis
Querist :
Anonymous
(Querist) 10 March 2025
You are all telling based on the previous case laws. as per SMA 1954 , a Hindu female marrying a Muslim or Christian can keep her identity as Hindu. How can she professes Hindu religion, every Hindu religion puja, ceremonies, rituals required to be done both husband and wife. And no section of SMA says she can profess Hindu religion after marriage or caste can also be retained. SMA rules framed by individual states also doesn’t specify the same. And article 341 read with constitution scheduled caste order, 1950 doesn’t say interfaith married women can retain her caste status. It clearly says should be professing Hindu/Sikh/boudh and resident of that locality. As per customs of any religion, after marriage , female goes to husband residence and stays in husband locality. Then how she be considered as she is staying in sc locality. Is it not fraud on the constitution and society. Constitution has invested so much by providing sc reservation for upliftment of the SCs socially and economically to bring them on par with forward castes. after acquiring all educational qualifications using reservations and employment, if a female marrying a Muslim, and her kids will be Muslims, whatever she acquired to whom it is going help and uplift. They will not be her or her kids voice for the sc society after her death. if all sc females getting married like this and there will be a Muslim or a upper caste ready marry because they can enjoy her caste status in getting government jobs and contest election, then very provision of constitution is defeated. All case laws are given based on the arguments of just two advocates of the petitioner and the respondent and a judge just twisting and going around the articles in favour the client not going into customs and usages. What is the in depth social knowledge of advocates and judges on social problems. LAW, LLB or LLM will not teach sociology. and most of the advocates and judges are third class passed right from SSC to above, sorry to say, now a days, law students not even attending classes.
No. 35/1/72-R.U. (SCT.V)
Government of India/Bharat Sarkar, Ministry of Home Affairs/Grih Mantralaya
New Delhi-110001, Dated, the 2nd May 1975
12 Vaisakha, 1897.
Issue of Scheduled Caste and Tribe Certificate—Points to be observed.
1. General: (Applicable in all cases)
Where a person claims to belong to a Scheduled Caste or a Scheduled Tribe by birth it should be verified: --
(i) that the person and his parents actually belong to the community claimed;
(ii) that this community is included in the Presidential Orders specifying the Scheduled Castes and Scheduled Tribes in relation to the concerned State
(iii) that the person belongs to that State and to the area within that State in respect of which the community has been scheduled;
(iv) if the person claims to be a Scheduled Castes, he should profess either the Hindu or the Sikh religion;
(v) if the person claims to be a Scheduled Tribe, he may profess any religion.
3. Claims through marriage:
The guiding principle is that no person who was not a Scheduled Caste or a Scheduled Tribe by birth will be deemed to be a member of a Scheduled Caste or a Scheduled Tribe merely because he or she had married a person belonging to a Scheduled Caste or a Scheduled Tribe.
Similarly a person who is a member of a Scheduled Caste or a Scheduled Tribe would continue to be a member of that Scheduled Caste or Scheduled Tribe as the case may be, even after his or her marriage with a person who does not belong to a Scheduled Caste or a Scheduled Tribe.
This point also being twitted in favour of client. The implied meaning is other than scheduled caste or scheduled tribe.
Please give your suggestions based on the detailed analysis and on the above mentioned points. I have filed a petition as Party-In-Person , your guidance will be of great help.
