Woman’s ST status remains despite marriage to non-tribal, says J&K HC
Directs authorities to reconsider ST certificate denial
Srinagar, Feb 08 (KNO): The High Court of Jammu & Kashmir and Ladakh has directed authorities to reconsider their decision to deny a Scheduled Tribe (ST) certificate to a woman from the Padri tribe, following her marriage to a non-Padri individual.
According to the news agency—Kashmir News Observer (KNO), Justice Wasim Sadiq Nargal issued this order while referring to a clarification from the Ministry of Home Affairs stating that those belonging to Scheduled Castes (SC) or Scheduled Tribes (ST) retain their community status even after marrying outside their community.
The petitioner, Shivaeta Rani, a member of the Padri tribe, was denied an ST certificate by the concerned authorities due to her marriage to a person outside her community.
She challenged this decision before the Additional Deputy Commissioner in Kishtwar, who dismissed her appeal, saying that the matter involved technical issues best addressed under the Reservation Act or by the Law Department. Subsequently, Rani approached the High Court for redress.
During the proceedings, Senior Additional Advocate General Monika Kohli, representing the government authority, acknowledged the Ministry of Home Affairs’ clarification and expressed no opposition to granting relief in this case.
Kohli proposed that the petitioner could apply afresh for the ST certificate.
However, Rani’s counsel highlighted the urgency of the matter, noting that she intended to apply for the civil services examination, with the application deadline on February 11.
Considering this time constraint, the court directed the concerned authority to review its earlier decision without requiring Rani to submit a new application.
The authority was instructed to communicate its decision by February 11, enabling Rani to apply for the examination within the stipulated timeframe.
Justice Nargal said that the decision should align with the clarification issued by the Social Welfare Department, based on the Ministry of Home Affairs’ opinion.
This ruling provides clarity on the rights of individuals from SC or ST communities who marry outside their communities, affirming that such marriages do not affect their original community status—(KNO)
