VALSAMMA PAUL (MRS.)
Vs.
(INTER-CASTE/INTER-RELIGION MARRIAGE CASE)
1996 (3) SCC 545; AIR 1996 SC 1011; 1996 (1) JT 57; 1996 (1) SCALE 85.
DIVISION BENCH
CORAM: K. RAMASWAMY AND B.L. HANSARIA, JJ.
HIGHLIGHTS
- Constitution of
- Reservation to SC/ST – who could claim – Candidate born in forward class – Transplanted in Backward class by marriage, adoption or any other voluntary act – Not entitled to benefit of reservation.
- Special Marriage Act, 1954. Sec 4 – Hindu Marriage Act, 1955, Secs 5 & 7 – Hindu law – Marriage – Strict shastric injunctions stand modified by statutory prescriptions.
- Protection of Human Rights Act, 1993, Secs. 2 (d) and 12 – Human rights for women – Comprehends gender equality – Convention for elimination of all forms of discrimination against women.
- Caste or religion of wife upon inter-caste/ Inter-religion marriage – Recognition by the family or community not a pre-condition.
FACTS
Two posts of lecturers in Law Department of Cochin University were notified for recruitment, one of which was reserved for Latin Catholics (Backward Class Fisherman). The appellant, a Syrian Catholic (a Forward class), having married a Latin Catholic, had applied for selection as a reserved candidate. The university selected her on that basis and accordingly appointed her against the reserved post. Her appointment was questioned by another candidate by filing a writ petition praying for a direction to the university to appoint her in place of the appellant to the said post. A Single Judge of the High Court allowed the petition holding that the appointment should be made strictly in accordance with Rules 14 & 17 of the Kerala State Subordinate Service Rules. When appeals were filed, the appellant cited the judgment of a Single Judge in Kunjamma Alex (Dr.) v. Public Service Commission [1980 KLT 24]. Doubting the correctness of the decision of the decision of all the Division Bench in Dr. Kunjamma Alex case, the reference to the Full Bench was made. The Full Bench in the impugned Judgment held that though the appellant was married according to the Roman law, the appellant, being a Syrian Catholic by birth, she could not by marriage with a Latin Catholic (Backward Class), become a member of that class nor could she claim the status as a Backward Class by marriage.
QUESTION INVOLVED
Whether a lady marrying a SC, ST or OBC citizen, or one transplanted by adoption or any other voluntary act, ipso facto, becomes entitled to claim reservation under Art. 15(4) or 16(4), as the case may be?
HELD
Social democracy means a way of life which recognize liberty , equality and fraternity or principles of life. They are not separate items in a trinity but they form union of trinity. To diverse one from the other is to defeat the very purpose of democracy. Without equality, liberty would produce the supremacy of the few over the many. Equality without liberty would kill individual initiative. Without fraternity, liberty and equality could not become a natural course of things. Articles 15(4) & 16(4), therefore, intend to remove social and economic inequality to make equal opportunities available in reality. Social and economic justice is a right enshrined for protection of society. The right to social and economic justice envisaged in the Preamble and elongated in the Fundamental Rights and Directive Principles of the Constitution, in particular Arts. 14, 15, 16, 21, 38, 39 & 46 are to make the quality of the life of the poor, disadvantaged and disabled citizens of the society meaningful.
The Constitution through its Preamble, Fundamental Rights and Directive Principles created a
In the onward march of establishing an egalitarian secular social order based on equality and dignity of person, Art. 15 (1) prohibits discrimination on grounds of religion or caste identifies so as to foster national identity which does not deny pluralism of Indian culture but rather to preserve it. Indian culture is a product or blend of several strains or elements derived from various, inspite of inconsequential variety of forms and types. There is unity of spirits in forming Indian culture throughout the ages. It is this underlying unity which is one of the most remarkable everlasting and enduring feature of Indian culture that fosters unity in diversity among different populace. This generates and fosters cordial spirit and toleration that make possible the unity and continuity of Indian traditions. Therefore, it would be the endeavour of every one to develop several entities which constantly interact and overlap and prove a meeting point for all members of different religious communities, castes, sections, sub-sections and regions to promote rational approach to life and society and would establish a national composite and cosmopolitan culture and way of life.
The approach in reconciling diverse practices, customs and traditions of the marriages as one of the means for social and national unity and integrity and establishment of Indian culture for harmony, amity and self-respect to the individuals, is the encouragement to inter-caste, intersect, inter-religion marriage from inter-region. The purposive interpretation would, therefore, pave way to establish secularism and a secular State.
Pluralism is the keynote of Indian culture and religious tolerance is the bedrock of Indian secularism. It is based on the belief that all religions are equally good and efficacious pathways to perfection of God realization. It stands for a complex interpretative process in which there is a unification of multiple religions. It is a bridge between religions in a multi-religious society to cross over the barriers of their diversity. Secularism is the basic feature of the Constitution as a guiding principle of State policy and action. Secularism in the positive sense is the cornerstone of an egalitarian and forward – looking society, which our Constitution endeavors to establish. It is the only possible basis of uniform and durable national identity in a multi-religious and socially disintegrated society. It is a fruitful means for conflict-resolution and harmonious and peaceful living. It provides a sense of security to the followers of all religions and ensures full civil liberties, constitutional rights and equal opportunities.
Human rights are derived from the dignity and worth inherent in the human person. Human rights and fundamental freedoms have been reiterated in the Universal Declaration of Human Rights. Democracy, development and respect for human rights and fundamental freedoms are interdependent and have mutual reinforcement. The human rights for women, including girl child are, therefore, inalienable, integral and an indivisible part of universal human rights. The full development of personality and fundamental freedoms and equal participations by women in political, social, economic and cultural life are concomitants for national development, social and family stability and growth. All forms of discrimination on grounds of gender are violative of fundamental freedoms and human rights.
The institution of marriage is one of the sound social institutions to bring harmony and integration in social fabric. Inter-caste marriages and adoption are two important social institutions through which secularism would find its fruitful and solid base for an egalitarian social order under the Constitution. Therefore, due recognition should be accorded for social mobility and integration and accordingly its recognition must be upheld as valid law.
Be either under the canon law or the Hindu law, on marriage the wife becomes an integral part of her husband’s marital home entitled to equal status of husband as member of the family. Therefore, the lady, or marriage, becomes a member of the family and thereby she becomes a member of the caste to which she moved. The caste rigidity breaks down and would stand no impeditions to her becoming a member of the family to which the husband belongs and she gets herself transplanted.
Though recognition is a circumstance to be taken into consideration, marriage being a personal right of the spouses they are entitled to live, after marriage, openly to the knowledge of all the members of the community or locality in which they live and such living they acquire married status. In the light of the constitutional philosophy of social integrity and national unity, rights to equality assured by the human rights and the Constitution of India, on marriage of a man and woman, they become members of the family and are entitled to the social status as married couple; recognition per se is not precondition but entitled to be considered, when evidence is available. It is common knowledge that with education or advance of economic status, young men and women marry against the wishes of parents and in many a case consent or recognition would scarcely be given by either or both the parties or parents of both spouses. Recognition by family or community is therefore, not a pre-condition for married status.
It is seen that Dalits and Tribes suffered social and economic disabilities recognized by Arts. 17 and 15(2). Consequently, they become socially, culturally and educationally backward; the OBC’s also suffered social and educational backwardness. The object of reservation is to remove these handicaps, disadvantages, sufferings and restrictions to which the members of the Dalits or Tribes or OBC’s were subject and was sought to bring them in the main stream of the nation’s life by providing them opportunities and facilities.
RATIO/REASONING
The Court was of the view that it was one of the objectives of the Constitution to translate into action was to take care of the backward classes and members of the Dalits and Tribes by bringing them to the fore through pragmatic actions and providing adequate opportunities for their amelioration and development, education, employment and the like. Hindu social structure was erected by impregnable walls of separation with graded inequalities between different sections amongst Hindus. Caste became the result of birth and not of volition. No one wishes to be born in a particular caste or religion. It is the result of biological act of the parents. However, in Hindu social structure also, caste is the result of birth and has became a bane for individual drive, thrive and improvement of excellence, a fundamental duty under Art. 51-A (J). The practice of untouchability, which had grown for centuries. Denuded social and economic status and cultural life of the Dalits and the programmes evolved under Arts. 14, 15(2), 15(4) and 16(4) aimed to bring Dalits into national mainstream by providing equalitarian facilities and opportunities. The constitutional philosophy, policy and goal are to which Dalits/Tribes are subjected, to bring them into the national main stream by providing facilities and opportunities for them.
Further this Court also took the view that economic empowerment is a fundamental right to the poor and the State is enjoined under Arts. 15(3), 46 & 39 to provide them opportunities. Thus, education, employment and economic empowerment are some of the programmes the State has evolved and also provided reservation in admission into educational institutions, or in case of other economic benefits under Arts. 15(4) and 46, or in appointment to an office or a post under the State under Art. 16(4). Therefore, when a member is transplanted into the Dalits, Tribes and OBC’s, he/she must of necessity also have had undergone the same handicaps, and must have been subjected to the some disabilities, disadvantages, indignities or sufferings so as to entitle the candidate to avail the facility of reservation. A candidate who had the advantageous start in life being born in forward caste and had march of advantageous life but is transplanted in Backward Caste by adoption of marriage or conversion, does not become eligible to the benefit of reservation either under Art. 15(4) or 16(4), as the case may be. Acquisition of the status of Schedule Caste etc. by voluntary mobility into these categories would play fraud on the Constitution, and would frustrate the benign constitutional policy under Arts. 15(4) and 16(4) of the Constitution.
CONCLUSIONS
- Wife becomes member of the caste of her husband. Recognition by community, parents, not pre-requisite.
- Lady belonging to a non-reserved class marrying a SC, ST or OBC citizen or a person belonging to non-reserved class transplanted by adoption or any other voluntary act to a family belonging to such reserved class. Held, that would not ipso facto to entitle the lady /adopted to claim reservation under Arts. 15(4) 16(4), as the case may be, in view of the advantageous start i8n life availed by her/him.
- Inter-caste, inter-religion marriages would help in attaining secularism and egalitarian objectives and promoting national unity. Equality, liberty and fraternity together form the foundation of social democracy.
In other words the Court concluded that the recognition of the appellant as a member of the Latin Catholics would not, therefore, be relevant for the purpose of her entitlement to the reservation under Art. 16(4), for the reasons that she, as a member of the Forward Caste, had an advantageous start in life and after her completing education and becoming major, married Yesudas, and so, she is not entitled to the facility of reservation given to the Latin Catholics, a Backward Class.
DECISION
Appeals are accordingly dismissed.
