Person Loses Hindu Scheduled Caste Status By Marrying Under Christian Law, Can't Claim SC Reservation: Madras High Court
The Madras High Court recently held that when a person voluntarily submits himself/herself for conducting marriage under the Indian Christian Marriage Act, the person would be considered Christian thereafter and their native religion is renounced automatically.Justice L Victoria Gowri thus held that the incumbent Chairman of the Theroor Town Panchayat, Kanyakumari was disqualified...
The Madras High Court recently held that when a person voluntarily submits himself/herself for conducting marriage under the Indian Christian Marriage Act, the person would be considered Christian thereafter and their native religion is renounced automatically.
Justice L Victoria Gowri thus held that the incumbent Chairman of the Theroor Town Panchayat, Kanyakumari was disqualified from holding the post reserved for SC community— as she had solemnized marriage as per Christian rites and was thus deemed to have renounced her original social identity of Hindu Scheduled Caste Pallan.
The court added that to retain the socio-religious identity after inter-religious marriage, the only possible way was to have a civil marriage under the Special Marriage Act.
“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 their native religion is automatic. Submitting for the conduct of Christian marriage under the Indian Christian Marriage Act, 1872, would amount to deemed renunciation of native religion and conversion to Christianity for the purposes of the said Act,” the court said.
The Court held that the Hindu Marriage Act and the Indian Christian Marriage Act do not permit a civil marriage similar to that under the Special Marriage Act and thus irrespective of the fact that either of the spouse is Christian, a marriage solemnized under the Indian Christian Marriage Act would be considered to be one solemnized among the Christians alone.
“Unlike the Special Marriage Act, neither the Hindu Marriage Act nor the Indian Christian Marriage Act, 1872, permits a civil marriage… In view of the same, any marriage, which is solemnized under the Indian Christian Marriage Act, 1872, by in accordance to the provisions of Section 5 of the aforesaid Act, irrespective of the fact that one or both of the spouses is or are a Christian or Christians, the same shall be considered as one which is solemnized among the Christians alone,” the court observed.
The court was hearing a petition seeking to disqualify the Chairman of the Theroor Town Panchayat, Kanyakumari. The petitioner submitted that the post of the Chairman was reserved for the Scheduled Caste (general) category. He informed the court that the private respondent (present Chairman) was born to the Scheduled Caste category but after marrying a Christian as per the Christian rites and customs, she could not claim the benefits of reservation.
The petitioner further informed the court that though a written objection was made to the returning officer, the returning officer arbitrarily passed the resolution declaring the private respondent as the successful candidate. Thus, he had challenged the appointment claiming that the respondent, professing Christianity could not be deemed to be a member of the Scheduled Caste Community and was thus disqualified under the law.
On the other hand, the respondent contended that she had not abandoned her original faith and she continued to be a Hindu. She submitted that she was not professing Christianity and had not misused her community certificate as alleged by the petitioner.
Looking at the marriage register, the court noted that the number of banns, which was a procedure followed with respect of solemnization of marriage between baptized Christians. The court noted that the procedure of banns was published thrice which revealed that the respondent was duly baptized and was admitted to the church at the time of marriage. The court held that even if the petitioner was never baptized, she could be considered only as a Christian.
The court further remarked that the present case was a “shameful field reality” of the manner in which the election officers were reduced to sheer pawns by the ruling party during local body elections, reducing the vision of the noble Panchayat Raj to a mockery. The court added that conferring Scheduled Caste status to the respondent, who was a Christian by religion was nothing but fraud on the Constitution.
Thus, the court allowed the petition and directed the authorities to declare the respondent as disqualified from the post of Theroor Town Panchayat.
Counsel for Petitioner: Mr. B. Saravanan, Senior Counsel For M/s. Spicy Law Firm
Counsel for Respondents: Mr. P. Veera Kathiravan Additional Advocate General Assisted by, Mr. D. S. Neduncheliyan Government Advocate, Mr. Aaiyam K. Selvakumar, Mr. Anto Prince, Mr. K. Gnanasekaran, Government Advocate (Crl. Side)
Case Title: V Iyyappan v. The District Collector and Others
Citation: 2025 LiveLaw (Mad) 170
Case NO: W.P.(MD)No.17632 of 2023