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.
