Odish HC: Caste status is state-specific, cannot be carried across states

The Orissa High Court has ruled that Scheduled Caste or Scheduled Tribe status recognised in one state cannot be claimed automatically in another.

The court held that a person recognised as Scheduled Caste in Jharkhand cannot claim the same status in Odisha merely because he belongs to a caste that is classified as Scheduled Tribe in Odisha.

Justice Sashikanta Mishra delivered the order on Friday, quashing a letter issued by the District Registrar-cum-Additional District Magistrate (ADM) of Mayurbhanj.

The letter had required the person to obtain tribal land-transfer permission. The court held that the restriction did not apply because the person could not be treated as either Scheduled Caste or Scheduled Tribe in Odisha.

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The court observed that a person migrating to another state does not carry the SC or ST status recognised in the state of origin.

What the law says

The ruling is in line with settled law. Articles 341 and 342 of the Constitution identify Scheduled Castes and Scheduled Tribes in relation to particular states.

In 2018, a five-judge Constitution bench of the Supreme Court unanimously held that an SC or ST person recognised in the original state is entitled to reservation benefits in that state only, not in other states or Union Territories.

The Madhya Pradesh High Court took the same view earlier this year, holding that SC/ST benefits do not extend to the state of migration even if the same caste is notified in both states.