Legal Question in Employment Law in India

If a girl with sc category marries a boy of general category and while recruitment in the government job she does not declare her husband surname or category , will there be any effect on her job if employer department came to know this


Asked on 11/07/13, 9:48 pm

6 Answers from Attorneys

No it will have no effect even after marriage to a general category boy ,girl will remain sc .caste remains the same even after the marriage .Rajendra Shrivastava vs. State of Maharashtra, (2010) 112 Bom LR 762 .

"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. A person born as a member of a scheduled caste or a scheduled tribe has to suffer from disadvantages, disabilities and indignities only by virtue of belonging to the particular caste which he or she acquires involuntarily on birth. The suffering of such a person by virtue of caste is not wiped out by a marriage with the person belonging to a forward caste. The label attached to a person born into a scheduled caste or a scheduled tribe continues not withstanding the marriage. No material has been placed before us by the applicant so as to point out that the caste of a person can be changed either by custom, usage, religious sanction or provision of law."

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Answered on 11/08/13, 1:09 am

No it will have no effect even after marriage to a general category boy ,girl will remain sc .caste remains the same even after the marriage .Rajendra Shrivastava vs. State of Maharashtra, (2010) 112 Bom LR 762 .

"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. A person born as a member of a scheduled caste or a scheduled tribe has to suffer from disadvantages, disabilities and indignities only by virtue of belonging to the particular caste which he or she acquires involuntarily on birth. The suffering of such a person by virtue of caste is not wiped out by a marriage with the person belonging to a forward caste. The label attached to a person born into a scheduled caste or a scheduled tribe continues not withstanding the marriage. No material has been placed before us by the applicant so as to point out that the caste of a person can be changed either by custom, usage, religious sanction or provision of law."

Read more
Answered on 11/08/13, 1:09 am

No it will have no effect even after marriage to a general category boy ,girl will remain sc .caste remains the same even after the marriage .Rajendra Shrivastava vs. State of Maharashtra, (2010) 112 Bom LR 762 .

"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. A person born as a member of a scheduled caste or a scheduled tribe has to suffer from disadvantages, disabilities and indignities only by virtue of belonging to the particular caste which he or she acquires involuntarily on birth. The suffering of such a person by virtue of caste is not wiped out by a marriage with the person belonging to a forward caste. The label attached to a person born into a scheduled caste or a scheduled tribe continues not withstanding the marriage. No material has been placed before us by the applicant so as to point out that the caste of a person can be changed either by custom, usage, religious sanction or provision of law."

Read more
Answered on 11/08/13, 1:09 am

No it will have no effect even after marriage to a general category boy ,girl will remain sc .caste remains the same even after the marriage .Rajendra Shrivastava vs. State of Maharashtra, (2010) 112 Bom LR 762 .

"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. A person born as a member of a scheduled caste or a scheduled tribe has to suffer from disadvantages, disabilities and indignities only by virtue of belonging to the particular caste which he or she acquires involuntarily on birth. The suffering of such a person by virtue of caste is not wiped out by a marriage with the person belonging to a forward caste. The label attached to a person born into a scheduled caste or a scheduled tribe continues not withstanding the marriage. No material has been placed before us by the applicant so as to point out that the caste of a person can be changed either by custom, usage, religious sanction or provision of law."

Read more
Answered on 11/08/13, 1:09 am

No it will have no effect even after marriage to a general category boy ,girl will remain sc .caste remains the same even after the marriage .Rajendra Shrivastava vs. State of Maharashtra, (2010) 112 Bom LR 762 .

"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. A person born as a member of a scheduled caste or a scheduled tribe has to suffer from disadvantages, disabilities and indignities only by virtue of belonging to the particular caste which he or she acquires involuntarily on birth. The suffering of such a person by virtue of caste is not wiped out by a marriage with the person belonging to a forward caste. The label attached to a person born into a scheduled caste or a scheduled tribe continues not withstanding the marriage. No material has been placed before us by the applicant so as to point out that the caste of a person can be changed either by custom, usage, religious sanction or provision of law."

Read more
Answered on 11/08/13, 1:09 am

No it will have no effect even after marriage to a general category boy ,girl will remain sc .caste remains the same even after the marriage .Rajendra Shrivastava vs. State of Maharashtra, (2010) 112 Bom LR 762 .

"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. A person born as a member of a scheduled caste or a scheduled tribe has to suffer from disadvantages, disabilities and indignities only by virtue of belonging to the particular caste which he or she acquires involuntarily on birth. The suffering of such a person by virtue of caste is not wiped out by a marriage with the person belonging to a forward caste. The label attached to a person born into a scheduled caste or a scheduled tribe continues not withstanding the marriage. No material has been placed before us by the applicant so as to point out that the caste of a person can be changed either by custom, usage, religious sanction or provision of law."

Read more
Answered on 11/08/13, 1:09 am


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