Tribal Woman Married To Muslim Man Barred By Bombay HC From Contesting A Seat Reserved For STs

A tribal woman named Shaheda Tabassum has been barred from contesting in a seat reserved for Scheduled Tribes (STs) by the Nagpur bench of  Bombay High Court (HC), The Times of India has reported.

Tabassum was planning to contest the Panchayat election from Khurkheda district of Gadchiroli district under her previous name Sharda Deorao Uike, according to the petitioner Manoj Sidam, Tabassum's rival. Sidam argued that Tabassum was an originally an ST but embraced Islam after marrying a Muslim man. He had moved HC demanding the dismissal of her candidature.

The division bench consisting justices Bhushan Dharmadhikari and Zaka Haq observed that the onus of proving that she isn’t following Islamic rituals but continues to be a Gond ST lies on the woman and dismissed her candidature.

The judges further remarked, “In the facts of the case and considering the proposition laid down in the SC judgment, it’s held that the woman is not eligible to contest the election as an ST candidate.”