What is the Status of a woman of General Class marrying a man of reserved class?
Inter-Caste/ Inter-religion Marriage Case and effect on claim of Reservation
Valsamma Paul V. Cochin University & ORs.
1996 (3) SCC 545, AIR 1996 SC 1011
Question involved in the case:-
“Weather a Lady marrying SC/ST/OBC citizen or one transplanted by adoption or any other voluntary act ipso facto becomes entitled to claim reservation under article 15( 4) or 16 (4) as the case may be?
Legal Provisions involved in the case:-
è Constitution- Article 15, 16, 14, 21, 38, 39 and 46 and Preamble
è Special Marriage Act, 1954 Sec-4
è Protection of Human Rights Act, 1993
è Reservation to SC/ST- who can claim
Conclusion
Wife becomes member of caste of the caste of her husband. Recognition by community. Parents not pre-requisite.
Lady belonging to a non reserved class marrying SC/ ST/ OBC citizen or a person belonging to non reserved class transplanted by adoption or any other voluntary act to a family belonging to such reserved class. Held, that would not ipso facto to entitle the lady/ adoptee to claim reservation under article 15 (4), 16 (4), as the case may be, in view of the advantageous start in life availed by him or her.
Inter caste/ inter religion marriage would help in attaining secularism on and egalitarian objectives and promoting National Unity, equality, liberty and fraternity together from the foundation of social democracy.
In other words the court concluded that the recognition of appellant as a member of Latin Catholic would not, therefore be relevant for the purpose of her entitlement to the reservation under article 16 (4), for the reason that she as the member of the forward caste, had and advantageous start in life and after completing education and becoming major, married Yesudas, and so, she is not entitled to the facility of reservation given to the Latin Catholics, a backward class.
The court also took a view that economic empowerment is a fundamental right to the poor and the State is enjoined under Art 15(3), 46 and 39 to provide them opportunities.