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.