SANTILA @ SANTHILA ORAON Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The mother of the petitioner was an employee of Moraghat Tea Estate within Police Station - Banarhat, Jalpaiguri. On her death, her daughter, the petitioner herein was employed as 'Badli' in the said Tea Estate in the year 2008. Subsequently, she became a permanent employee of the said Tea Estate. While she was in employment, the petitioner married to a Mohammadan man, named, Tajgul Ansari on 18th November, 2013. The petitioner is a tribal lady. According to the prevailing custom of the tribe of which the petitioner belongs and the customary rule of Moraghat Tea Estate, a person of tribal community must marry another person of the opposite sex of the same community living in the Garden. He/she cannot marry an outsider or a person belonging to a different religion. After her marriage with a Mohammadan male the workers under the banner of various trade unions started putting pressure upon the Garden Management to terminate the petitioner from her job. The petitioner lodged a complaint before the local Police Station on 2nd March, 2014.

(2.) Subsequently, she lodged various complaints and made several representations to the different statutory authorities including the State Human Rights Commission alleging, inter alia, that the trade unions operating in the said Tea Garden had no authority to put pressure upon the Management of the Garden to terminate her from her service. The said service is her only livelihood. The petitioner cannot be restrained from marrying a person having different religion.

(3.) The petitioner also moved before the Labour Commissioner.