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Tamil Nadu

Woman married under Christian law can’t claim SC quota: Madurai Bench of Madras HC

The Tamil Nadu Government Servants (Conditions of Service) Act, 2016, provides that no person who professes a religion different from Hinduism or Sikhism or Buddhism shall be deemed to be a member of a Scheduled Caste.

Express News Service

MADURAI: Observing that it is a fraud on the Constitution to confer Scheduled Caste (SC) status to a Christian, the Madurai Bench of Madras High Court recently disqualified an AIADMK woman functionary from the post of chairperson of Theroor town panchayat in Kanniyakumari, which was reserved for SC community.

Justice L Victoria Gowri passed the order on a petition filed by a DMK ward member V Iyyappan, who had contested against her for the post. The judge said that though the woman, V Amutha Rani, was originally from Hindu Pallar community (an SC denomination), she had married a Christian man belonging to Backward Class in 2005 under the Indian Christian Marriage Act, under which a marriage can be solemnised only between two Christians.

Rejecting Rani’s claim that she neither underwent baptism nor converted into Christianity, the judge said, “Once a person submits voluntarily for the conduct of one’s marriage under the Indian Christian Marriage Act, 1872, the said person could be considered a Christian thereafter, (and) renunciation of native religion is automatic.”

The Tamil Nadu Government Servants (Conditions of Service) Act, 2016, provides that no person who professes a religion different from Hinduism or Sikhism or Buddhism shall be deemed to be a member of a Scheduled Caste.

Since the post of panchayat head comes under the category of public servants, the above rule applies to Rani as well and she cannot identify herself a ‘Hindu’ or claim to be a Scheduled Caste member for the purpose of public employment, the judge said.

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