Will all the reservations be intact in inter-religious marriage?

Inter-caste marriages in India have long been a subject of social and legal discourse. While such unions are often hailed as steps toward social integration, they also raise questions about the applicability of reservation benefits, a cornerstone of India's affirmative action policies.

Legal Framework and Judicial Precedents

The Indian legal system has consistently held that an individual's caste is determined by birth and not by marriage. This principle was reaffirmed in the case of Sunita Singh v. State of Uttar Pradesh, where the Supreme Court ruled that a woman born into a general category does not acquire Scheduled Caste (SC) status by marrying an SC man. Consequently, she is ineligible for reservation benefits designated for SCs.

However, the status of children born from inter-caste marriages is more nuanced. In the landmark Rameshbhai Dabhai Naika v. State of Gujarat case, the Supreme Court held that a child's caste is not solely determined by the father's caste. If the child is brought up in the mother's community and faces the same social disadvantages, they may claim the mother's caste for reservation purposes.

State Policies and Incentives

Recognizing the role of inter-caste marriages in promoting social harmony, various state governments have introduced incentive schemes. For instance, the Uttar Pradesh government offers financial assistance to couples entering into inter-caste marriages, aiming to encourage such unions and reduce caste-based prejudices. Moreover, the Kerala High Court has clarified that conversion or marriage does not affect an individual's eligibility for reservation benefits. In a 2022 ruling, the court stated that a person retains their caste-based reservation status regardless of religious conversion or marriage to someone from a different caste.

Social Implications and Challenges

While legal provisions exist, societal acceptance of inter-caste marriages remains limited. Many couples face ostracism, threats, and even violence. The case of Sakshi Mishra, daughter of a BJP legislator, who married a Dalit man against her family's wishes, highlights the societal challenges such couples endure.

Children from inter-caste marriages may also face identity dilemmas and discrimination. Although legal avenues exist for them to claim reservation benefits, the process often involves bureaucratic hurdles and societal scrutiny.

Conclusion

Inter-caste marriages have the potential to bridge social divides and promote inclusivity. However, the legal system must continue to evolve to address the complexities surrounding reservation benefits for such unions and their offspring. Simultaneously, societal attitudes need to shift to embrace these marriages as steps toward a more equitable society.