The Jammu and Kashmir High Court ruled that authorities must reconsider denying Shivaeta Rani a Scheduled Tribe certificate after her inter-caste marriage. The Court emphasized that marriage does not change caste status, supported by guidelines from the Ministry of Home Affairs. Authorities must decide by February 11, 2025, to allow Rani to apply for the UPSC exam.
Srinagar: The High Court of Jammu and Kashmir and Ladakh directed authorities to reconsider their decision to deny a Scheduled Tribe (ST) certificate to a woman from the Padri tribe after she married a non-Padri person. The case, Shivaeta Rani V/s Union of India and Ors, was heard by Justice Wasim Sadiq Nargal, who emphasized that marriage does not alter a person’s caste status.
The Court highlighted that the Union Ministry of Home Affairs had already clarified that an SC or ST person remains a member of their community even after marrying outside the caste or tribe. Based on this clarification, the Court found no valid reason to deny the petitioner her rightful ST certificate.
Interestingly, the government authority that initially rejected the certificate later told the Court it was not against granting relief in light of this clarification.
Senior Additional Advocate General Monika Kohli, representing the government, suggested that the petitioner could apply afresh for the ST certificate. However, the petitioner, Shivaeta Rani, urged the Court to expedite the process since she needed the certificate to apply for the UPSC civil services exam. Her counsel informed the Court that the last date to file the exam form is February 11.
Considering the urgency, the Court directed the concerned authorities to review the decision without requiring the petitioner to apply again.
In its ruling, the Court stated:
“Keeping in view the urgency expressed and the career of the petitioner is involved, this Court deems it proper to dispose of the instant petition by directing the respondent No. 5 to take a decision in the instant matter for issuance of a certificate i.e., ST category certificate in favour of the petitioner being a member of Padri Tribe, on or before 11.02.2025.”
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This ensured that the authorities must communicate their decision by February 11, allowing the petitioner enough time to apply for the exam.
The petitioner, Shivaeta Rani, was born into the Padri tribe, which is recognized as a Scheduled Tribe in Jammu and Kashmir. However, after she married a non-Padri person, the authorities denied her an ST certificate, preventing her from availing of ST benefits in government exams.
She initially challenged this decision before the Additional Deputy Commissioner, Kishtwar, but her appeal was dismissed. The appellate authority cited “technical issues” and said only the Reservation Act or the Law Department could provide clarity. However, it granted her the liberty to approach the competent authority again.
Determined to fight for her rights, Rani approached the High Court, arguing that the government had already issued clear guidelines stating that a woman’s caste status remains unchanged by marriage.
During the hearing, Rani’s counsel highlighted a recent communication sent to all Deputy Commissioners and the Revenue Department in Jammu and Kashmir, reaffirming that:
- A woman’s caste is determined by birth and does not change due to marriage.
- A woman cannot be denied her SC/ST/OBC status simply because she married outside her caste or tribe.
This communication was based on a guiding principle issued by the Ministry of Home Affairs and had already been acknowledged by the Social Welfare Department.
In light of these facts, the High Court ordered that the authorities reconsider their earlier decision in accordance with the government clarification. The ruling stated:
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“It is made clear that the decision shall be taken strictly in conformity with the clarification issued by the Social Welfare Department in pursuance to the opinion of the Ministry of Home Affairs and the Law Department.”
With this direction, the High Court ensured that the petitioner’s right to her ST status was upheld.
Advocate Abid Khan appeared for the petitioner, advocating for her right to be recognized as a Scheduled Tribe member despite her inter-caste marriage.
Case Title – Shiveta Rani Vs UoI
Read the Judgement here:
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