Caste status doesn’t change with migration to other states: Gujarat High Court
By Dna 19-Sep-2019
- The Gujarat High Court has held that the migration of a person under the scheduled caste (SC) or scheduled tribe (ST) category in a state to another state does not change his caste status.
- The court clarified that although a migrated person might not be able to reap the benefits of reservation in education and jobs in the migrated state as enshrined under Constitution, his caste status does not change.
- The court also remarked that such downtrodden castes and tribes are subjected to various offences, humiliation, and harassment, and the Act was brought in 1989 to prevent that from happening.
- The bench of Justice Umesh Trivedi has also remarked that the legislature was conscious enough to implement such central legislation applicable throughout India.
- “If the legislature wanted to restrict the applicability of the offences committed against a person in his state of origin only, it would have made it clear and loud expressly.
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