[Sanya's comments: upload original order] Religious conversion does not change caste: Madras High Court

Justice S M Subramaniam of  the Madras High Court has ruled that the caste of a person remains unchanged even after conversion from one religion to another, and based on the same, no inter-caste marriage certificate can be issued. The petitioner, S Paul Raj of Salem Camp sought to quash an order dated June 19, 2015 of the Salem district administration and consequently direct the authorities concerned to issue the inter-caste marriage certificate to him.

Factual Matrix

The petitioner belongs to Christian Adi-Dravidar community and by virtue of conversion to Christianity, he was issued with the Backward Class certificate. By birth, the petitioner belongs to 'Adi-Dravidar' community. The wife of the petitioner was given the community certificate as Scheduled Caste as per the provisions of the SC/ST (Amendment) Act, 1976. While so, petitioner, relying on a GO of the Personnel and Administrative Reforms department dated December 28, 1976, submitted an application for grant of inter-caste marriage certificate for availing the benefits of priority in public employment.

Law

According to the Social Welfare Department of the Tamil Nadu Government inter-caste marriages are categorically stated as two categories,:

• Category-I : Either of the Spouse of the intercaste marriage couples should be from Scheduled Caste or Scheduled Tribes while the other spouse may be from any other community.
• Category-II : Either of the spouse should be from Forward or other community and the other spouse from Backward Class / Most Backward Class).”

Order

While dismissing the petition the Court observed that, except the cases falling under the categories stated in the Government Order, no other couples are entitled to get inter-caste marriage certificate. The Court stated:

“Conversion from one religion to another religion will not change the caste of a person which he belongs. The classification of Scheduled Caste, Scheduled Tribes, Most Backward Classes, Backward Classes and Other castes will not change the caste.”

The Court noted that the purpose of inter-caste marriage certificate is to provide certain welfare schemes and in such circumstances the classification of various castes as Backward Class, Scheduled Caste, Most Backward Class and other classes cannot be a ground to claim inter-caste marriage certificate.

“It is the caste / community which has to be taken into consideration and when both the husband and wife belongs to the same caste / community, then they are not entitled for the inter-caste marriage certificate for the purpose of availing the benefits under various schemes. Thus, the order impugned passed is in consonance with the principles laid down,” the Court further observed.

Case Title: S. Paul Raj v. The Tahsildar, Mettur Thaluk & Anr.