Inter caste law in west bengal

Discussion in 'Legal Help' started by vickey, Mar 31, 2012.

  1. vickey

    vickey Novice

    Dear experts,
    I am a OBC Boy from jharkhand and I married to a SC girl who belongs to west begal.we got married in jharkhand in judicial court of ranchi.
    She applied in West bengal govt and got selected on basis of her SC reservation. As we all know caste will not be changed even after marriage as per supreme court inter caste law, hence she will continue getting her SC benefits.
    Now the question is after marriage her present address changed to jharkhand address coz she is living with me. and the west bengal govt is asking for residential certificate of husband's place (For married girl). If she show present address of jharkhand then will she able to get SC benefit in west bengal ? West bengal govt clearly mentioned that the applicant should be resident of west bengal.She did her schooling,gradution from west bengal and has voter ID, ration card and caste certificate from west bengal only.
    Just marrying in other state will void her resevation of eligiblity of job?

    please help
     
  2. som

    som Inactive Member

    Hi Vickey. Welcome to this Forum. We are happy to have you as a member of our community

    I must say its a good question and my primary reply is as follows. More replies from others are expected.

    As she already selected for the post, you should not worry about the change of present address. It might not be possible to apply for that post after marriage as she would no longer be a resident of West Bengal. There is no bar of marriage in other state.


    She has no other option but to submit the residential address of her husband and show present address of Jharkhand. It it clear that she applied for the post before marriage fulfilling all the norms and thats why she is entitled to get all the benefits.
     
  3. nemo

    nemo Staff Member

    Dear Vickey,
    When a woman born in SC/ST marries to a man belonging to forward caste, her caste by birth do not change by virtue of her marriage. So, you rightly said, she would continue SC/ST benefits.
    A person belonging to SC/ST migrates from one state to another state may avail SC/ST benefits to the later State subject to the condition that the caste of the migrant is notified by the President of India under Article 341 of the Constitution of India for the later State.
    The list of caste for West Bengal and Jharkhand may differ because, SC/ST in a particular State would depend on the nature and extent of disadvantages and social hardships may be totally non-existent in another State.
    Now the question is, is this migration from West Bengal to Jharkhand, of permanent nature? If so, then it may violate the basic condition of employment at West Bengal.
     
  4. nemo

    nemo Staff Member

    Dear Vickey,
    I would like to inform you that Govt. provides incentives for inter caste marriage, so, don't forget to avail it.
     
  5. vickey

    vickey Novice

    Thanks for the prompt reply and guidance. but first two posts have different views on my question which is quite confusing :-s
    Again i would like to ask whether she will get benefit of SC reseravation in West Bengal after showing present address of jharkhand?
    @Wbxpress
    What kind of incentive she will get? and how much? any rule for that?

    Regards.
    Vickey
     
  6. som

    som Inactive Member

    Yes. She should get the benefit as she fulfiled the terms and conditions at the time of application and her caste cant be changed due to inter caste marriage. Its clear as per my reply.
    For eradication of untouchability financial assistance of Rs.5000/- was provided to inter caste married couples. As per Social Welfare Department Government order No. 36111, dated 27.11.2006, the amount of incentive has increased from Rs. 5,000/- to Rs. 50,000/-. 50% in the form of fixed deposit in joint account and 50% in cash for purchase of utensils.
    please have a look at the attached file for more info.
     

    Attached Files:

  7. vickey

    vickey Novice

    Thanks Som,
    you cleared my all doubts... Thanks to everyone in this forum.
    Well again one question.
    Where we need to claim for incentive? and can we both get incentive, I mean me from jharkhand and she from west bengal govt?
    Also in your attached PDF it is showing rs 5000 for west bengal but you are saying it is rs 50000.
    Kindly reply
    Thanks and regards
     
  8. som

    som Inactive Member

    You have to approach the District headquarters, Collector office. Meet the officer in charge of social welfare department.
    Actually an application is required to be filed from the upper caste Person. There should not be two different applications. In your case you should file the application from Jharkhand and no any other application will be entitled from your wife.
    The government has been implementing the scheme from 1958 and 50 % of the amount is given by the Centre. Like this every state has different amount for inter cast marriage. You should get the information of the actual amount from the Collector Office.

    I am attaching herewith an application form. You need to have your address proof and marriage proof certificate and caste certificates. You need to declare in the form all necessary columns with signatures of witnesses. Its a lengthy procedure and it may take over 6 months.
     

    Attached Files:

  9. nemo

    nemo Staff Member

    Guidelines of Scheme for the encouragement of the Inter-Caste Marriage

    For the implementation of PCR Act 1955 Government of India has launched a scheme for the encouragement of Inter-Caste Marriage and object of the scheme is to diminish Caste consciousness among the people and to encourage Inter-Caste Marriage. This is a 50:50 sharing basis scheme of Govt. of India/State Government. Under this scheme an amount of Rs. 30,000/-(Rupees Thirty thousand) will be paid to the Scheduled Castes bride/bridegroom.

    Conditions of Eligibility:

    ❖ Both the spouses should be citizen of India and one of the spouse should be scheduled caste and both of them should be permanent resident of West Bengal. He/she has not taken any benefit under similar scheme. This scheme is for where one spouse belongs to SC and the other is non-SC/ST/OBC.

    ❖ The grant shall be given only for the first marriage.

    ❖ The beneficiary can apply for incentive after one year for the date of marriage.

    Procedure of implementation of the scheme:

    ❖ The eligible couples will submit application to the Project Officer-Cum-District Welfare Officer/District Welfare Officer of the district.

    ❖ The application should be supported with duly attested Xerox copy of the marriage registration certificate issued by Marriage Registration Officer.

    ❖ The applicant will submit duly attested Xerox copy of the Scheduled Caste Certificate issued by competent authority.

    ❖ The applicant will also submit a certificate of one of the spouse that he/she belongs to non-SC,ST,OBC . This is mandatory.

    ❖ Two copies of Joint Photograph of the couple duly attested to be fixed on the body of the application.

    ❖ Address Proof of the couple (Electricity Bill, Ration Cards etc.) is to be submitted

    ❖ Age proof of both the couples is to be submitted.

    ❖ The applicant will furnish a self declaration that he/she has not received incentive for intercaste marriage previously.

    ❖ The claim of incentive for inter-caste marriage will not be claimed as a matter of Right.

    The applicant will submit the application before the P.O-Cum-D.W.O/D.W.O of the district. The P.O-Cum-D.W.O will verify the facts stated in the application. He will send his recommendation alongwith enquiry report and original applications with supporting documents to Commissioner, B.C.W. Directorate. P.O.-cum- D.W.O/D.W.O will retain the Xerox copy of the original application and one copy of the Joint Photograph of the couple in his office.

    On receipt of the applicants duly recommended B.C.W. Directorate will examine the same and send the same to the B.C.W Department with their comments

    No old cases which have been already sanctioned will be entertained.
    Ref: http://www.anagrasarkalyan.gov.in/pdf/inter-caste_marriage_guidelines.pdf
     
  10. roy.saikat2

    roy.saikat2 Novice

    i am a bengali hindu guy. i love my cousin sister. can we marry or live together?
     
  11. IMAN

    IMAN Novice

    One thing is not clear how till voter card belong to WB and living at Jharkhand? it is not necessary to live at same place after marriage. The husbands address merely for information and your wife should clearly state at her permanent and present place of living is at WB where ration card/voter card documented. So no need to worry.
     
  12. PRASENJIT RAY

    PRASENJIT RAY Novice

    NO. PRESENT HINDU MARRIAGE ACT OR SPECIAL MARRIAGE ACT DOES NOT PROVIDE SUPPORT FOR YOUR CASE.
     
  13. ArupSinha

    ArupSinha Novice

    Dear Sir
    One of my friends belongs to an upper class. He has married to a SC Bride almost 16 years back. They have still not applied to obtain for this benefit. they belong to West Bengal circle.

    My question is as follows
    1) As my friend has married 16 years back and has not yet enjoying the facilities can they apply now?
    2) Application to be submitted after one year of the marriage but is there have any stipulated time period for apply?
    3) Whom they need to apply for to obtain this facility (please provide the full address)
    4) As I came to know from the above communication that there is need an upper class certification before apply. Where from they obtain the upper class certificate (Who is the issuing authority) please forward the details address
    5) If they enjoy this facility, can they further obtain other benefit such as bank loan & other project that are governed by the govt. of India or by the state time to time?


    Best Regards
    Arup Sinha
     
  14. PRADIP KUMAR

    PRADIP KUMAR Novice

    what is the present amount of incentive under Inter caste marraige(W.B) ? is it 50,000. reply with G.O
     

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