Sc status after sc born woman marrying christian

SC/ST/OBC status is neither acquired not lost by marriage with other category. If the marriage with under Special Marriage Act she was eligible to continue as SC because this process doe snot involve change of religion. In this case it is church marriage. If she has not converted to Christianity (you are not clear on this and hiding fact) then marriage is not legally tenable. If she has converted to Christianity (without which church will not register marriage) then she ceased to be hindu and she is no more entitled to hold SC certificate. Even if her husband is OBC she does not acquire OBC status by marriage with OBC because not having been born in OBC family. Therefore now her status will be General neither SC nor OBC.

Hi,

Thanks for your prompt response.

Scheduled caste converts to Christianity belong to Other Backward Christian Category in the SEBC category in Kerala. Would she be eligible for this?

Could you please mention the Court order/relevant information as to why SC status is lost when converted to Christianity alone? Religion is something one can select in his lifetime,but caste is something forced into,by virtue of his birth.How does the court of law ensure/identify that the social inequalities is gone just with the conersion.

Had come across a the below judgement from Honourable Bombay High Court in Rajendra Shrivastava  vs. State of Maharashtra, (2010) 112 Bom LR 762 and the Full Bench held as follows:-

"When a woman born in a scheduled caste or a scheduled tribe marries to a person belonging to a forward caste, her caste by birth does not change by virtue of the marriage. A person born as a member of a scheduled caste or a scheduled tribe has to suffer from  disadvantages, disabilities  and  indignities  only  by virtue  of belonging to the particular caste which he or she acquires involuntarily on birth. The suffering of such a person by virtue of caste is not wiped out by a marriage with the person belonging to a   forward   caste.   The   label  attached to a person born into a   scheduled caste or a scheduled tribe continues not withstanding the   marriage.  No   material has been placed before us by the applicant  so   as   to   point   out   that   the   caste   of   a person can be changed either by custom, usage, religious sanction or provision of law.".

Could you please comment.

Thsnks in advance.

 

 

Could you please mention the Court order/relevant information as to why SC status is lost when converted to Christianity alone? ----------PLEASE READ THE SC CERTIFICATE. AT THE END THERE IS A CERTIFICATE FROM TEHSILDAR THAT THE CANDIDATE HAS NOT CONVERTED INTO ANY RELIGION OTHER THAN HINDUISM/SIKHISM/BUDDHISM

Religion is something one can select in his lifetime,but caste is something forced into--------------- CONSTITUTION GUARANTEES RELIGIOUS FREEDOM IT DOES NOT GUARANTEE FREEDOM TO CARRY OF CASTE BENEFITS TO OTHER RELIGION.

You are still not clear on fact whether or not she converted to Christianity.

Dear Querist first confirm whether she has converted to christanity or not, or else this is only an academic query.

1) Totally agree with all the above said experts opinions.

 

2) It is not clarified whether the woman is converted to Christianity due to marriage.  If yes, she loses her SC status.  If not she continues even thereafter.  The case law referred to speaks different not the subject clarification sought for.

YOU HAVE QUOTED THE JUDGEMENT WHICH RELATES TO A WOMAN WHO HAS JUST MARRIED TO GENERAL CATEGORY. =====================================

 

this will not apply to instant case.==========================

 

IN THIS CASE SHE HAS APPARENTLY CONVERTED TO CHRISTIANITY. YOU HAVE NOT STATED CLEARLY BUT IT IS CLEAR THAT SHE IS CONVERTED AS MARRIAGE WITH CHRISTIAN AS PER CHRISTIAN CUSTOM WILL NOT BE ALLOWED BY CHURCH UNLESS AND UNTIL BOTH PARTIES ARE CHRISTIANS.

1) Agreed. 

2) As stated by the expert the lady appears to have converted to Christianity by the marriage performed in Church as per Christian personal law which prohibits others prophecing different  Religions unless converted.