In a significant ruling, the Himachal Pradesh High Court has held that caste is determined at birth and does not change through marriage, impacting the application of the SC/ST (Prevention of Atrocities) Act, 1989.
New Delhi Chronicle Staff Reporter
Shimla:The Himachal Pradesh High Court has ruled that caste is determined at birth and does not change if a person marries into a Scheduled Caste community. The decision came in the case of State of Himachal Pradesh v. Sarojioni (Cr. Revision No. 377 of 2013), decided on July 28, 2025.
Justice Rakesh Kainthla, delivering the judgment, clarified that such a marriage does not exempt an individual from prosecution under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
“Caste is assigned to a person at birth and remains unchanged throughout their lifetime,” Justice Kainthla observed. “The Trial Court erred in holding that the accused became a member of the Scheduled Caste community after her marriage and could not be prosecuted under Section 3(1)(s) of the SC/ST Act.”
What Section 3(1)(s) of the SC/ST Act States
Under Section 3(1)(s) of the Act, it is a punishable offence to abuse or insult a member of a Scheduled Caste or Scheduled Tribe by using their caste name in any place within public view.
Trial Court’s Finding and High Court Reversal
The Trial Court had earlier concluded that the accused, by marrying a man from a Scheduled Caste community, automatically became part of that community and therefore could not commit an offence under Section 3(1)(s).
Challenging this interpretation, the State filed a criminal revision petition, asserting that caste is immutable and cannot be altered through marriage.
The High Court accepted this contention, setting aside the Trial Court’s decision and remanding the case for reconsideration regarding the framing of charges.
Case Details
• Case Name: State of Himachal Pradesh v. Sarojioni
• Case Number: Cr. Revision No. 377 of 2013
• Date of Judgment: 28 July 2025
• For the Petitioner: Mr. Lokender Kutlehria, Additional Advocate General
• For the Respondent: Mr. Y.P. Sood, Advocate
This ruling reinforces the legal position that caste identity in India is determined by birth and remains unaltered by marriage, with important implications for cases under the SC/ST (Prevention of Atrocities) Act.
