New Delhi: An upper caste Hindu woman cannot get the SC/ST status just because she marries a man from that community and she cannot claim the benefit of reservation, the Supreme Court has held. A Bench consisting of Justices S.B. Sinha and P.K. Balasubramanyan, citing an earlier judgment, said "no person who is not an SC/ST by birth will be deemed a member of SC/ST merely because he or she marries a person belonging to SC/ST."

The Bench set aside a Delhi High Court order, which conferred the benefit of reservation meant for the Scheduled Castes on a forward caste woman to contest municipal elections from a reserved constituency on the ground of her marriage to an SC man.

"It is one thing to say that a lady belonging to a forward caste has been accepted by the community to which her husband belongs; it is quite another to say that her marriage has been accepted only by her husband's family," the Bench said.

Different rule

"The question as regards change of caste in view of her marriage may be relevant in relation to Hindus, but when the question of change of caste is referable to the category belonging to a special class of citizens which requires protective discrimination and affirmative action, a different rule will apply."

Sunita contested from a reserved constituency on the ground that she was married to an SC man.

The trial court set aside her election. But on appeal, the High Court upheld her election.

Allowing the appeal preferred by the defeated candidate, the apex court Bench said acquisition of the SC status by voluntary mobility would play a fraud on the Constitution and frustrate the benign policy under Articles 15 (4) and 16 (4).

"It is, therefore, beyond doubt or dispute that a person who is a high caste Hindu and not subjected to any social or educational backwardness in his/her life, cannot by reason of marriage ipso facto become a member of SC or ST. In the absence of any strict proof, he/she cannot be allowed to defeat the very provisions made by the state for reserving certain seats for disadvantaged people."

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