About Inter Cast Marriage in India
India recognizes marriages between people from different caste backgrounds as intercaste marriages, which challenges the old system that divided people based on castes (similar to social classes). Even though the Constitution of India declares everyone equal, caste still contributes significantly to division in India.
To understand why interracial marriages can be complicated, let’s look back in history. Caste has been a part of Indian culture for a long time. Caste divides people according to their occupation and family background – marrying someone from your own caste has often been seen as a way to keep traditions alive.
But when people of different castes marry, they have to face many difficulties. One such difficulty is when people treat them unfairly because they do not follow old traditions and do not follow old rules; As a result families and communities may stop talking to each other or become hostile towards them.
Legal challenges also arise. Under the Special Marriage Act, people can marry anyone regardless of caste or religion; However, sometimes it can be challenging and lengthy to go through all the paperwork to actually get married this way.
People who marry outside their caste may often experience abuse from others. People may make fun of them or be cruel – this type of behavior can make people feel frustrated and sad. Even though inter-caste marriages have become more widespread in India, they still pose a lot of difficulties due to how people view them and the challenges they pose.
Inter Cast Marriage as an Taboo in India.
Indian society still considers marriage between people of different castes as wrong, even though the nation is progressing and gaining independence and rights. It comes from India’s longstanding caste system; When someone marries someone outside their caste it is seen as breaking centuries of rules; When this happens, people are afraid to visit family and friends as well as to keep cultural traditions alive.
There are also other factors that contribute to this difficulty, such as in India where wealth inequality exists and marriages may be arranged to ensure that families of the same caste and level of financial wealth get married through marriage. Join together.
However, there is some hope. People’s perceptions about this matter are slowly changing; Young people in particular are becoming more open to marrying someone from a different caste due to learning about different cultures, moving to cities, and getting better education; There are also laws that enable couples to marry without worrying about caste issues.
Although the issue remains complex, India is making progress and more and more people will soon be able to choose a partner based on love and compatibility rather than caste. This would be a step towards creating a fairer society where everyone has equal access to be with the people they care about most.
In India, when people from different castes marry each other, it can help bring the country together and make people more united. The government is doing some good things, like the “महाराष्ट्र अंतरजातीय विवाह योजना “ to encourage these marriages. It’s important for individuals to pick their life partner because they love each other and get along well, not just because of their caste. But, there are still some problems and people who don’t like the idea. These government initiatives are steps in the right direction to make India a place where everyone feels included and happy together.
Overview for “महाराष्ट्र अंतरजातीय विवाह योजना ”
|Name of the scheme
|Maharashtra Inter Caste Marriage Scheme
|To eradicate caste discrimination and promote social harmony
|Financial Assistance of Rs. 3 lakhs
|At least 18 years old, one of them must belong to the SC, and it must be their first marriage
|Aadhaar card, caste certificate, income certificate, marriage certificate, bank account details, passport-size photographs
|Download from the official website
|Submit the form to the District Social Welfare Officer.
Eligibility and conditions:
- A young man or a woman belonging to the Scheduled Caste category, who married an upper caste Hindu girl Or married to a young man.
- Both the boy and the girl should be natives of Rajasthan.
- Caste certificate in the name of the father in the context of applicant boy and girl. The certificate issued will be valid. In case of child of single woman, in mother’s name, the certificate issued will be valid.
- Domicile certificate issued in the name of the father in the context of the applicant boy and girl
- The certificate will be valid. Issued in the name of mother in case of child of a single woman. The certificate will be valid.
- The age of any of the couple should not be more than 35 years on the date of marriage.
- There Should should be no Conviction related to any criminal case on the name of Bride and Groom
- The combined income of the couple should not exceed Rs.2.50 lakh per annum.
- The Couple should not have been beneficied by any other government scheme initiated by State or Central Govvernment.
- The Should apply for the scheme within one year from the date of marriage. After that, there will be no exemption to submit application form under the scheme and offline Applications will not be accepted.
- The benefit of this scheme will be payable only on the first marriage of the young man/girl. Exception:- If a widow woman remarries, she will be eligible to avail the benefits of this scheme.
- Aadhaar Card and Jan Aadhaar Card of the couple.
- Copy of the marriage certificate duly issued by the Competent Authorized Officer, in proof of marriage of the couple marrying internationally.
- Copy of Caste Certificate of Rajasthan State issued by Competent Authority / Officer.
- Copy of domicile certificate of Rajasthan state issued by the competent authority of the couple.
- 10th mark sheet to confirm the date of birth of the couple (copy of the birth certificate issued by the competent authority in case of lower educational qualification).
- Savings account number of nationalized bank in the joint name of the couple, copy of the first page of the passbook of the savings account.
- Copy of receipt of PAN number (Aadhaar linked) and PAN card of the couple.
- Copy of Income Tax Return (if Income Tax Return is filed) and Income Certificate (Self-Declaration Form) of the boy and girl (Appendix ‘A’).
- Affidavit of the young man and the girl not being guilty in a serious crime case (Appendix ‘B’).
- Joint wedding photo of the couple.
- Death certificate of husband in case of widow woman.
- An affidavit from one of the couple, who does not belong to the Scheduled Caste, that he/she belongs to the Hindu upper caste.
The applicant / Married Couple should submit his/ her application personally in prescribed form to Concern District social welfare officer, z.p./ (for Mumbai City & Mumbai Upnagar Social Welfare officer, Bruhmumbai, Chembur) along with necessary documentary evidences.
The Process is not Online. The couple has to submit the form personally at the given office.
Constitutional factors related to Intercast marriage in India:
Intercaste marriage in India is an integral component of social change, and its origins lie within the Constitution adopted in 1950. This document establishes principles that encourage social justice, equality and eliminating any forms of discriminatory practices – which explains its significance when applied to inter-caste marriages in the country. We will outline relevant constitutional factors and provisions here that contribute to them.
- Right to Equality (Article 14): Article 14 of the Constitution guarantees every citizen equal protection under the law and guarantees no one should be discriminated against on grounds such as caste, religion, race or gender discrimination. Inter-caste couples can utilize Article 14 to challenge any ostracizing practices or barriers caused by their choice of spouse.
- Right to Freedom (Article 19): Article 19 of the Constitution ensures certain freedoms for its citizens, such as speech and expression freedom, assembly freedom, association freedom and movement freedoms. These liberties are essential when entering intercaste relationships as it allows individuals to make free choices without coercion; marrying the person of their choosing regardless of caste is considered an extension of these liberties.
- Abolition of Untouchability (Article 17): Article 17 of the Constitution explicitly outlaws “untouchability,” the practice of treating certain groups on the basis of caste as untouchables, reinforcing its importance by ending deep-rooted discriminatory practices within the caste system. Inter-caste marriage provides a means of challenging and overturning these prejudices while Article 17 offers legal justification for it.
- Directive Principles of State Policy (DPSPs) are guidelines given to governments by international treaties to promote public welfare. Article 46 provides one such DPSP which encourages governments to foster educational and economic interests of Scheduled Castes and Tribes within society as well as promote intercaste marriage to support upliftment of marginalized communities.
Case Law: Shafeen Jahan vs Ashok KM – Hadiya Marriage Dispute
The Hadiya marriage dispute was a landmark legal case in India, addressing crucial issues such as the right to choose one’s life partner, religious conversion, and the personal autonomy of adult women.
Hadiya, formerly known as Akhila Ashokan, was a Hindu woman from Kerala who converted to Islam and married Shafin Jahan, a Muslim man. Ashok KM challenged their marriage in court, alleging that Hadiya had been forcibly converted and married against her will. This case generated widespread interest and controversy, raising questions about religious freedom, women’s rights, and the role of the courts in personal decisions.
Legal Action on Both Sides:
The case involved multiple legal processes, each with significant implications:
- Kerala High Court (May 2017): The Kerala High Court annulled Hadiya’s marriage to Shafin Jahan and placed her under the care of her parents, claiming that she had been pressured into converting to Islam.
- Supreme Court (March 2018): Shafin Jahan filed a petition in the Supreme Court of India, challenging Hadiya’s decision. The Supreme Court upheld her right to choose her life partner and recognized conversion as a matter of personal liberty. The High Court’s decision was overturned, allowing Hadiya and Shafin Jahan to continue their relationship. This ruling established key legal principles.
Key Legal Principles Established:
- Right to Choose Life Partner: The Supreme Court affirmed the constitutional right of individuals to choose their life partners irrespective of their religion or caste.
- Religious Conversion: The court emphasized that voluntary conversion to another religion is protected under the Constitution.
- Role of Courts: This case highlighted the role of courts in safeguarding individual liberty and supporting women’s choices, particularly in matters of personal autonomy and sexual freedom.
The case had a profound impact on India’s legal landscape, strengthening individual autonomy and personal choice in matters of marriage and religion, especially concerning women’s rights and religious freedom. It can be considered a historic victory for personal liberty and individual agency.
In conclusion, the case of Shafeen Jahan vs. Ashok KM – the Hadiya Marriage Dispute – exemplifies the evolving legal landscape in India, where individual autonomy, the right to choose one’s life partner, and the abolition of discriminatory practices take center stage. While the historical caste system still poses challenges to intercaste marriages, the Indian Constitution, with its principles of equality, freedom, and the eradication of untouchability, provides a strong foundation for change. The legal battle of Hadiya and Shafin Jahan serves as a beacon of hope, reaffirming the principles of personal choice, religious freedom, and gender equality in the face of societal norms. As India progresses, the acceptance of intercaste marriages signifies a step towards a more inclusive and equitable society, where love and compatibility transcend the boundaries of caste. Initiatives like the “Dr. Savitabai Ambedkar Marriage Scheme” further bolster this progress, paving the way for a brighter and more united future for the nation.