27 January 2012

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Understanding Inter Caste Marriage Status of the Children, Married Male, Married Female and Reservation

Understanding Inter Caste Marriage Status of the Children, Married Male, Married Female and Reservation




Inter-caste marriage is legal in India. Such marriages are sanctioned by the Special Marriage Act 1954 and are also permitted under The Hindu Marriage Act 1955.

But still in India number of inter caste marriages is very less.

India is a country where caste and religion rules not democracy.

I am sure if survey is done Majority Indians will agree that we need more inter caste marriages but in reality they will never allow their own kids to marry inter caste girl.

Today also Indian society does not accept such couples who marry inter caste



Society including family members punishes them.
Every one tries to harass them in every possible way which will make demon will say that I am not bad like these humans.

Society ostracizes and discriminates against couples in inter-caste marriages.

Honor Killing is nothing but a punishment to boy and girl for marrying intercaste.

We need a law which will give death punishment to every person who attends the Khap Panchayats which gives order to kill the boy and girl and kill them.

Supreme Court has ordered the police across the country to take strict action against those resorting to violence against major boys and girls who go for inter-caste or inter-religious marriages.

I did not hear or read that Police has taken action but I read that couples suffering and they got murdered.


We got caste and inside caste we got the sub-caste and inside sub-caste if we find sub-caste do not be surprised.

What happens when two persons belonging to different caste marry each other?

What will be the caste status of their children?

What happens when forward caste male marries to lower caste female?

After marriage will the lower caste female will lose her status of belonging to the SC or ST?

What happens when forward caste female marries to lower caste male?

After marriage will they become eligible to claim reservation?

By marriage do their caste changes?

Now lets us understand the legal position step by step

Case 1 –
Rajendra Shrivastava vs. State of Maharashtra, (2010) 112 Bom LR 762
Decided by Bombay High Court

Issue of the case –

If scheduled caste or a scheduled tribe women marries to forward caste male
In this situation after marriage whether on marriage she ceases to belong to the scheduled caste or the scheduled tribe?"

The full bench of the Bombay High Court decided that -
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.

The label attached to a person born into a scheduled caste or a scheduled tribe continues
notwithstanding the marriage.

Case 2 –
What will happen when a female from forward caste marries to a lower caste male.
Will she become eligible for reservation?

Supreme Court of India has said that candidate who had the advantageous start in life being borne in a forward community and had march of advantageous life but is transplanted in backward class by adoption, marriage or conversion does not become eligible to the benefits of reservation.

Case No. 3 – Intercaste Marriage and Caste of the children

Rameshbhai Dabhai Naika vs State Of Gujarat & Ors. on 18 January, 2012
Bench: Aftab Alam, Ranjana Prakash Desai
IN THE SUPREME COURT OF INDIA - CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 654 OF 2012 -- (Arising out of S.L.P (CIVIL) NO.4282 of 2010)

Supreme Court Judgment Said that –

legal position that seems to emerge is that in an inter-caste marriage or a marriage between a tribal and a non-tribal the determination of the caste of the offspring is essentially a question of fact to be decided on the basis of the facts adduced in each case. The determination of caste of a person born of an inter-caste marriage or a marriage between a tribal and a non-tribal cannot be determined in complete disregard of attending facts of the case.

In an inter- caste marriage or a marriage between a tribal and a non-tribal there may be a presumption that the child has the caste of the father.

This presumption may be stronger in the case where in the inter-caste marriage or a marriage between a tribal and a non-tribal the husband belongs to a forward caste.

But by no means the presumption is conclusive or irrebuttable and it is open to the child of such marriage to lead evidence to show that he/she was brought up by the mother who belonged to the scheduled caste/scheduled tribe.

By virtue of being the son of a forward caste father he did not have any advantageous start in life but on the contrary suffered the deprivations, indignities, humilities and handicaps like any other member of the community to which his/her mother belonged.

Additionally, that he was always treated a member of the community to which her mother belonged not only by that community but by people outside the community as well.

In short Supreme Court of India said that
In a marriage between a tribal woman and a forward caste man, the offspring will get tribal status if the child is brought up in the mother's environment and will be entitled to reservation

Bench of Justices Aftab Alam and Ranjana Desai said that
Though earlier judgments of this court said that “in an inter-caste marriage between a tribal woman and a non-tribal, the woman must in all cases take her caste from the husband,” these were not binding precedents.

Now we must ask the questions ?

Why SC or ST female should accept her husband’s caste after marriage?

What ever may be the up bringing of the kids , the children should be given right to decide their own caste after age 18, before 18 mother and father should decide the caste of kids?

Is it not discrimination between the caste?

Does it not prove that husband is God and Forward caste is superior.

After marriage why the caste of husband is not changed?

Irrespective of up bringing the children of intercaste marriage should be given all type of reservations.

This will result in the more intercaste marriages which will help Indian society to become one.


I do not support Religion or Caste based reservations.

I support only Economic reservation.

Suggested Reading –

India – Reservation policy – The Problem and Solution

http://realityviews.blogspot.com/2010/03/india-reservation-policy-problem-and.html


Reality views by sm –

Friday, January 27, 2012

Tags – Reservation Religion India Law Intercaste Marriage

37 comments:

virendra sharma January 27, 2012  

Welcome suggestions and apt analysis of the prevailing social situation .Thanks for this socially relevant update .

Anonymous,  January 27, 2012  

i am also against castism....liked your article and your views...

Kirtivasan Ganesan January 27, 2012  

How valid is your expectation of economic reservation?
In India, only education gives hope for economic upliftment. I am not talking of rare cases like Dhirubhai.
So in realityviews, it should be that support for economic reservation necessarily means support for caste based reservation.

Kirtivasan Ganesan January 27, 2012  

But I must admit that facts were presented very well.

PhilO♥ January 27, 2012  

Yes, inter caste marriages are still not accepted very opened. Though I don't see why they should not be accepted.
Thank you for your comment :)

sm,  January 27, 2012  

veerubhai,,thanks.
विजय,thanks.
Kirtivasan, thanks.
Phil,thanks.

subu January 28, 2012  

Research is required to find out if Inter caste marriages would one day lead to 100% reservation or the converse of it!
SM, thank you for your msg..

Anonymous,  January 30, 2012  

If you can eliminate politics you can eliminate reservation especially the caste based!!! Politics has given strong base to increase and to maintain the caste based reservation. Who is bothered about what we believe or what we want. The politicians have a very strong hold on what we get. This is a endless debatable issue.

Anonymous,  January 30, 2012  

I am not sure SM has brought up this topic for reservation or for Inter-caste marriage. Both are two different issues 1- inter-caste marriage and 2 Reservation. There is no link between the two.
Incentives cannot increase inter-caste marriage. I am not sure of other states but in gujarat if previously unmarried boy or girl and one of them is from schedule caste the government gives incentives of rs 50,000 to them but this is not enough to encourage inter-caste marriage. There are some cultural differences which obstruct inter-caste marriages. In our country each social group or caste has its own pros and cons. Their own rituals, it is very hard to absorb or to change what you have done for years since birth in your family and then change to new system. Though honour killings or killing some one just because he or she has married some-one not from his or her caste is not acceptable. There is no reason to advocate inter-caste marriage, but if some one wants to marry someone from other caste I think it should be their privilege to do so.
Regarding reservation it is totally politics no one is bothered about upliftment of the economically backward it is just an issue of election and voting. Sixty three years of independence and untouchability still exists.

sm January 30, 2012  

@AKS

thanks.
Intercaste Marriage and Reservation is both related when one of the party belongs to the SC Or ST which enjoys reservation and other party which does not enjoy the reservation.
After marriage reservation and reservation for their kids
this is the issue

Anonymous,  April 06, 2012  

it is a scientific fact that offspring take 50% from both parents. caste may be decided as per prevailed system but some mixed benefits may be released to offsprings of mixed parentage because reserved class mother/father have taken benefits in jobs etc but their depreseed mentality which can not be diminshed in some years have to faced by offsprings while upbringing. so,solution is not by changing caste of offsprings should be there but by giving some type of reservation to children may be helpful in real sense.

Anonymous,  July 26, 2012  

Hi this is AMOL,I just got married with intercaste girl with lots of difficulties. But right now I am facing financial issue, I heard that there are some provisions from Govt. regards to financial help. So anybody can tell me how can I avail this.
E-mail aml.pandav@rediffmail.com,Contact 9623485173

Anonymous,  August 10, 2012  

hi i feel caste based reservation should stop..der r lot many ppl who r economically stable but socially not accepted just cos of the caste name..it is discrimination.we should ve the right to shed the caste names ..or at least in intercaste marriages child should have the right to choose the caste..cos in many cases ppl choose d upper caste though they ll not get any reservation they need social status...but some others opt lower caste cos of socio economic reasons ;; so pls leave it to d couple..let us not make any rule like fathers caste\mothers caste should be given to child .. isnt this right ?

Anonymous,  August 10, 2012  

nothing is impossible .castism should end ..awakening is needed..this is to ppl belonging to backward casts.sorry for mentioning so .but u r d ppl facing most of its troubles s. u need to stand up and fight for inequality..never fight for reservation jus fight for equal status .. years of reservation has done nothin to change the social status of these communities ..do u beleive in urselves..then dare to throw away the reservations based on caste..let us create a better india.. y cant we do somethin to eliminate this castism..lets do somethin at least for our next generation..pls join hands

Anonymous,  August 13, 2012  

Hello everyone...M a non-brahmin girl in lv vd a brahmin boy.. i am in same intercast love marriage problem... I m in a relation and v both love each other a lot..But he is very family oriented..He is scared of talking about me to his family.. though v r nt in hurry to get marry... bt his family is finding match for him..n may be in the next 10-15 days,they vl fix his rishta to other girl..

I know i can convience ma family..bt hw can i convience him to talk to his family..

he thinks if v get marry then after that his family vl b eliminated by his society n they vl never be happy.. n he dnt want to b the obstacle between his familiy's happiness..

i can not live without him n he also cant live vdout me.. bt he is very family oriented..he can sacrifice his hapinness for the sake of his family... plz smone help me by giving me suggestions....

i dnt have much time.. plz save me to turn into ashes... i can not live vdout him.. plz

Anonymous,  August 21, 2012  

see if that guy really loves you he will marry you irrespective of family likes n dislikes..after marriage you have to spend your whole life with him..if he doesn marry u cos fmly issues it simply shows that he doesnt love you that much pls understand that first..never break ur head for such a person.study well,find a job..marry a MAN who have the guts to stand for u at all situations .or let ur parents find out d perfect person for u.life is a precios gift..never have bad thoughts.be confident

Anonymous,  September 02, 2012  

I m Jain girl n want to get married with a .sc guy,
Can anyone tell me that can i bring my kids up as a general category..without acquiring reservations?

Anonymous,  September 06, 2012  

Our constitution accepts only children of SC father can inherit SC benefits and not of the SC mother!!!
regarding bringing up kids as general category, you can do any thing you want just dont thing that the father of your children is SC, rest will work as usual. You can mention their caste in their birth certificate or by affidavit as general. How you nurture your child is your business and no one else.

Unknown February 06, 2013  

If the guy is a Muslim 20yrs old and the girl is Maharashtrain 18yrs old,both love each other a lot and the girl will change her caste to Muslim after getting married and somehow the guy's family will agree for the marriage if the girl change her caste but the girl's family has a problem because of caste problem so what should be the correct move for them to move so they can get married nicely and safely without any problems.
Do answer for my query please.

Avni January 27, 2014  

Great post . thanks for sharing this post about inter cast marriage .In an inter-caste marriage or a marriage between a tribal and a non-tribal there may be a presumption that the child has the caste of the father. This presumption may be stronger in the case where in the inter-caste marriage or a marriage between a tribal and a non-tribal the husband belongs to a forward caste.

Anonymous,  April 14, 2014  

You all should be ashamed of yourself..one side you said India is a secularism country and the other side you do believe in discrimination by saying oh please do something for reservation and stop that caste based reservation..WHY? tell me? By saying all that stupid things you all Indian oh sorry katar Hindu proved it you all still believe in castesim and living in high or low thinking..if you all katar Hindu never divided society in caste line then reservation will never ever be there at all..who are responsible for this? if this system is still going on just because of your madness and your discrimination..God made this world and made simple human being. God never made any caste and any religion.Do you know God belong to which caste and religion..No then stop believing castesim okh..people become high and low by their nature and character..so you all proved it who all are you?

Anonymous,  April 14, 2014  

That's your poor thinking..
Inter caste marriage should be encourage..bcoz if people take this step then castesim and religion based discrimination should be stop itself..we all are human being..God never created any caste and religion..even God dnt has any caste and religion...did you know that God belong to which caste and religion..then keep shut your mouth about this stupid varan system and caste system okh.. In ancient times, caste system had the seeds of liberalism. It provided the right and opportunity to get to the top from the humblest origin and earn the respect of the whole society. For example, Vashishtha, the principal of the conservative school of Brahmanism, was the son of Uravshi, a prostitute. Vishwamitra, the maker of the very Gayatri Mantra, the quintessence of the Vedic Brahmanism, was a Kshatriya. Aitreya, after whom the sacramental part of Rig-Veda is named as Aitreya Brahamana, was the son from a non-Aryan wife of a Brahman sage. Vyasa of Mahabharata fame was the son of a fish-woman and he was not ashamed of his origin. Balmiki, an untouchable according to present standards, the original author of Ramayana, is highly respected all over India..And only you can make it good or bad this inter caste marriage. Depends upon how much importance u give to these meaningless and stupid values. And how much importance u give to other people who value these meaningless things. U have to see how much u urself r attached to other people opinions. And since u r asking for opinion, it means u r attached to these meaningless things.

Anonymous,  April 14, 2014  

Reservation jb tak duniya hai tb tak rehni chahiye…bcoz still people believe in castesim.still have high or low caste bases discrimination..acha bhala india angrezo se azaadh hua tha tum ghatiyan logo ne society ko ek caste line mein devide kiya..na krte sbhi ko hindu maan kr chalte toh aaj yeh reservation jaisi koi problems hi na hoti..bada shonk chada tha na khudh high rank mein rakhne ka dusro ko low mein rakhna bina unki marzi jane bcoz us time unki conditions poor thi tumhare paas paisa tha toh tumne khudko high rank mein rakh liya bt kaam tumhare low standard se bhi ghatiyan hai..jitne bhi crime hote hai woh brahmin kshatriya jaise logo ka haath hota hai unka..ab bhagwadh gita ka example le lo jo brahmin kul mein janma means ravan aaj ke samaye mein woh raksh hi samjha jata hai or valmiki jo shudra the apni knowledge ke bal pr usne sabe uscha staan prapt kiya hai..kya hoti hai high or low caste or kya hai yeh brahmin kshtriya or vaishya or shudra..khudh hi sb create krke khudh hi sbko prblems mein daal diya..kya god ne yeh ghatiyan kaam kiya i m sure god apne logo ko kbi high or low mein nhi rakhega…us time kuch logo mein knowledge kya thi uska itna galat fayda utha liya u should be ashamed of yourself..we all are hindu..no one is brahmin, no one is kshtriya, no one is vaishya n no one is shudra understood..india mein jo rehta hai woh sbhi hindu hai sb pehle insaan ke roop mein aate hai..baadh mein tum hindu,muslim, sikh or christian ho..yeh char religion kafi nhi the..discrimination krne ke liye jo char or le ke aa gaye ho..first say no caste n no community we all are hindu..prove kro isko khatam kro isko sbko ek nazar se dekho..inter caste marriage krke iss ghatiyan thinking ko khatam kro..we all are human being then anything else..jo india mein hai woh indian hai okh..n let me tell u one think…kuch lower caste issi baato se dukhi ho ke abroad chale gaye or kuch religion hi change kr chuke hai..sabse kam population toh pure world mein hindu logo ki hai..bt i happy hindu sbhi khatam hi ho jaye acha hai atleast yeh ghatiyan castesim high or low ka system toh khatam hoga aise toh katar hindu kbi nhi sunenge kbi na manenge..kitni zindgiyan kharab kr chuke ho iss castesim ki wajah se hua hai...schi mein narak mein jaye sbhi hindu dil se badhdua deti hun..pure world mein muslim budhist or christian ki populations badti rahe..bcoz tum nhi samjhoge or na shudharne wale ho..


Anonymous,  April 14, 2014  

We always talk about religion and castesim but in reality there is no any caste and religion. We all are same our blood are same.then why we believe in discrimination. God never created any caste they made simple human being.. Mentally sick people take the path of fundamentalism and spread casteism and communism. They suffer from inferiority complex and divide the society into “we” and “they”. They (belonging either to higher or lower ranked caste) have a fear in their heart that if they do not get a higher place for themselves in society, “other” people are going to exploit them and going to put them down.They don’t have believe on themselves and their own work. They have doubt own their capability. People with negative mindset suffer from inferiority complex and divide society into compartments like higher castes or lower castes.and can’t tolerate “others” progress or well-being. They cannot work hard and cannot tolerate anybody else’s achievements. These are the people with negative mindset who believe in ranking some belonging to higher castes and/or some to lower castes. They are coward and they are unable to protect themselves…

Anonymous,  April 14, 2014  

What steps can be taken to convince the people to accept the inter-caste marriages trend?
It is the responsibility of the younger generation to make their elders realize that the rigid caste system is morbid and has a dark future ahead. The youngsters can take various steps on their part to demolish this system:
• The girl or boy should be introduced as a friend to the family and be allowed to earn their love and respect
• The qualities of the person you love should be highlighted in front of the family members
• Try and learn the customs of each other’s caste. This will enable you to earn the love of the family members
• Try and show your family members how this kind of systems are obstructing the progress of the nation

Anonymous,  April 14, 2014  

i liked it the way you make her understand.....if someone really love any girl then caste n religion doesn't matter for him..sorry to sayin in previous time n now a days boys cnt be have gut to fight for their own love especially when the girls is sc...if she belong to sikh, christian,muslim then he wont have any problem he will deffinately do something for her..but as we said hindu religion has four community but in reality we always accepted that four community dont have any caste n any religion they are others they are lower..but the fact is they are also hindu..

Whenever someone’s ask you about your caste then your answer should be to them is:
I am a Brahmin in knowledge
I am kshatriya in valor
I am vaishya in business
I m shudra in service
In the end I am just sanatam dharmi hindu and nothing else..Then say you proud to be a hindu..

Anonymous,  April 14, 2014  

Gone are the days when marriages were executed by parents; The times when a Punjabi marrying a Punjabi or a Bengali marrying a Bengali was the norm. Welcome to 2013 where inter-caste marriages are quickly becoming the season’s flavors and why shouldn’t they? Everyone knows that India is a diverse land that boasts of being a mother to different cultures. But what’s the point of having so many different cultures when people snarl at the very thought of their integration?
There is something new to learn in different cultures and we, as Indians should feel proud of having such a strong and traditional backbone with us.
But when some of these people get offended at the thought of their son/daughter marrying into a different caste, a sense of anger sweeps me.
What is the problem in a South Indian marrying a Punjabi or vice-versa? Why do educated people talk like uneducated pigs when their family member steps out of his/her caste for marriage? Why do people have to be such haters?
In my opinion, an inter caste marriage should be applauded by one and all as the amalgamation of different cultures will put an end to mindless racism and discrimination on the basis of caste in our exotic land. Wouldn’t you want your next generation to be more peace loving and more socially acceptable to different kinds of people in the world? So, are you ready to take the plunge and applaud inter-caste marriages?

Anonymous,  April 14, 2014  

Some stupid people living in India that's why this country cant be develop anymore as the other countries are well developed. Bcoz indian people live in caste-ism and egoist by nature especially who belong to upper class which is created by themselves not created by God.God only created human being..He didnt put any human in high and low category..This cheap things only created by some mad people itself who live in India..and they be proud by called themselves hindu..I am also hindu but I feel bad when every person who proudly said they are hindu but their thinking is so narrow minded..now its depend on human what they want to become Devil or Angel..Nobody is lower and higher by caste or religion..they become high and low by their behavior..Reservation should be stop itself when you all leave this stupid casteism..Say no caste and no community..All are hindu who live in hindustaan understood..

Anonymous,  April 14, 2014  

insaan apne guno se upar uthta hai unche staan pr baith jane se nhi..caste n community created by mad people jin logo ko khud ko dusro se shreshth batane ke liye apne aapko ek high community mein rakh liya or dusro ko niche dikhane ke liye lower community mein rakh diya gaya bina unki marzi jane...i want to tell to all mad hindu people community ye decide nhi kregi ki tum kitne high or low ho...tumhare karam tumhe upar or niche girane wale hai...arre god ne insaan banaye hai caste nhi...n listen aisa hota toh christan or muslim mein bhi aise hi char community hoti bt tum log unko as all christan n as all muslim hi bolte ho...tum katar hindu logo ne khudh hi apne bando ko khudh se alag kr diya...char community hai hindu mein let me explain it to very well ok...hindu ko as a body lo us body ke char hisse tum stupid logo ne char hiso mein describe kiya ..1st brahmin jisko sir ka staan diya or kshatriye ko bhuja or vaishya ko pait ka or tum sabki favorite community shudr jisko per ka staan diya....ab batao agr per kat doge toh kya apni manzil ki taraf tunde ho ke jayoge tum sb apahiz ho yaad rkhna..agr hmari body ka ek part bhi kat jaye toh hum apahiz kehlate hai toh tum stupid hindu khudh apahiz ban chuke ho..ek bade se bada brahmin or devta bhi jb apne maa baap ntmastak hone ke liye sir jhukata hai toh woh uske charno ko choone ke liye toh akal ke andho sabse uncha staan toh shudr log prapt kr chuke hai...tum nhi tum gire huye ghatiya egoist bande ho jisko god bhi narak mein dalega....i m also brahmin bt i hate castsim okh....say no to community n no caste den reservation should be stop itself...abroad isliye develop kr raha hai bcs unka mind indian ghatiya logo ki tarah nhi hai especially katar hindu..1000 saal baadh bhi india mein koi development nhi hogi yeh aise hi high low ke liye hi mrte rahenge...

Anonymous,  April 14, 2014  

Inter caste marriage should be encourage..bcoz if people take this step then castesim and religion based discrimination should be stop itself..we all are human being..God never created any caste and religion..even God dnt has any caste and religion...did you know that God belong to which caste and religion..then keep shut your mouth about this stupid varan system and caste system okh.. In ancient times, caste system had the seeds of liberalism. It provided the right and opportunity to get to the top from the humblest origin and earn the respect of the whole society. For example, Vashishtha, the principal of the conservative school of Brahmanism, was the son of Uravshi, a prostitute. Vishwamitra, the maker of the very Gayatri Mantra, the quintessence of the Vedic Brahmanism, was a Kshatriya. Aitreya, after whom the sacramental part of Rig-Veda is named as Aitreya Brahamana, was the son from a non-Aryan wife of a Brahman sage. Vyasa of Mahabharata fame was the son of a fish-woman and he was not ashamed of his origin. Balmiki, an untouchable according to present standards, the original author of Ramayana, is highly respected all over India..And only you can make it good or bad this inter caste marriage. Depends upon how much importance u give to these meaningless and stupid values. And how much importance u give to other people who value these meaningless things. U have to see how much u urself r attached to other people opinions. And since u r asking for opinion, it means u r attached to these meaningless things.

Anonymous,  April 14, 2014  

All human-beings are equal in the eyes of God.The human-beings have only created the caste system.There are good and bad people in both high caste as well as low caste.
Ultimately,what matters to God is, whether one is a good person or striving to become one, or not.

Anonymous,  April 14, 2014  

One who thinks himself to be of a high caste is actually low. While one who thinks himself/herself to be of low caste is said to be high caste.As per the scriptures, people are known by their nature and the quality of work they perform..

Anonymous,  May 11, 2015  

Hello sir, I am a sc Hindu women married to a Christian man,To which caste will my child belong.. My child cannot be converted to Christian unless I convert.. But I don't want to convert myself.. Please help..what should I do?

Anonymous,  July 20, 2015  

i am rajput girl married to a sc boy. bcz we were in love, we confronted many difficulties. but finally we are married together and living happily. i am happy that i could be the part of those who have tried to go beyond boundaries of cast just for the sake of humanity. yes i can proudly say im a human, a hindu. our children will also be a hindu only they will be free to marry anyone they like.

Mrs. Ray August 14, 2015  

Hi .. Me too in such a dilemma, where the scenario is just opposite. Though my husband has no issues with me continuing as a christian and our child going to church, his family has. So my question is also the same whether my child automatically become a hindu by birth, or else he has to take up a religion either hinduism or christianity? If you have got any suggestions pls mail me.