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The Madras High court restated that caste of a person is based on the virtue of one's birth and it cannot be changed by virtue of marriage.
The order was passed by Hon'ble Justice N. Anand Venkatesh, while adjudicating upon the petition filed by one K.shanthi, through advocate R. karunanidhi, seeking directions to the District Collector to pay her the relief amount as per rule 12(4) of The Schedule Caste and Schedule Tribes Amendment Rules, 2016. By this provision an Executive Magistrate is obligated to make necessary administrative and other arrangements and also provide relief to the victim and to the family members within seven days wether in cash or in kind or maybe both.
The petitioner in this case was also a victim of offences punishable under section 294(b), 324 and 506 of Indian Penal Code, 1860. These offences relate to abuse causing hurt voluntarily and criminal intimidation. The petitioner also sought for compensation of Rs 1,50,000/- under Section 12(4) of the Rules, 2016. But It was not considered by the Collector.
During the trial, the additional Public Prosecutor submitted that the petitioner submitted that the petitioner was not sought to receive any sort of compensation. According to an inquiry carried out by District Collector, it was found that even though she belonged to a scheduled community she now followed christianity. He further clarified that her husband converted himself to Christian and belonged to the backward class therefore she the petitioner would also come under the backward community.
But the Hon'ble Justice N. Venkatesh dismissed the argument saying just because the husband is Christian that would not mean that the wife who is the petitioner here would be Christian too. He further clarified that the caste of the person is not affected by marriage. He also added that "the caste of a person is decided on the virtue of birth and not marriage"
And the Collector was directed to pay compensation worth Rs. 1,50,000 to the petitioner in accordance with rule 12(4) of rules,2016 within six weeks time.
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