Court Directs Authorities to Reconsider ST Certificate Denial
The High Court of Jammu & Kashmir and Ladakh ruled that a woman’s Scheduled (ST) status cannot be revoked due to marriage to a non-ST individual. The court directed authorities to reconsider their decision to deny an ST certificate to the petitioner, Shivaeta Rani, a member of the Padri group.
ST Status Determined by Birth, Not Marriage
Justice Wasim Sadiq Nargal, presiding over the case, reaffirmed that caste status is determined by birth. It does not change with marriage. The court emphasized that women cannot be denied their SC/ST/OBC classification after marrying outside their community.
The Tehsildar, Kishtwar, rejected Rani’s application for an ST certificate on December 30, 2024. The Additional Deputy Commissioner, Kishtwar, also dismissed her appeal. Hence, citing the need for further clarification under the Reservation Act. With her application in limbo, Rani approached the High Court. She argued that her ST status should remain intact despite her marriage.
Legal Clarification Supports Petitioner
Advocate Abid Khan, representing Rani, presented a legal opinion from the Law Department, dated December 16, 2024. He confirmed that caste is determined by birth. This clarification, issued to all Deputy Commissioners in J&K, was based on guidance from the Ministry of Home Affairs.
The government, through Senior Additional Advocate General Monika Kohli, acknowledged the legal position. They stated that it had no objections to granting relief. However, authorities suggested that Rani reapply for the certificate. Given the urgency of her UPSC Civil Services Examination application, she requested immediate reconsideration without needing a fresh application.
Court Sets Deadline for Decision
Considering the petitioner’s career prospects, the court mandated a final decision by February 11, 2025. The ruling ensures that authorities review the application strictly according to the Social Welfare Department’s clarification.
This decision reinforces legal principles on caste status. It provides clarity on the rights of women who marry outside their community.
