Thursday, June 30, 2011

CHILDREN BORN OF INTER CASTE MARRIAGE

Children born of inter caste marriage of which either of the parents belongs to Scheduled Caste/Scheduled Tribe should have a caste status either that of the mother or that of the father. 

The question of the status of a child born to a scheduled tribe mother from a forward caste father came up for consideration before the Hon'ble Supreme Court of India in Rameshbhai Dabhai Naika    Vs State of Gujarat & Others   ( CIVIL APPEAL NO.    654     OF 2012-  Decided on January 18, 2012) and the Supreme Court held as follows:-

"In an inter-caste marriage or a marriage between a tribal and a non-tribal there may be a presumption that the child has the caste of the father. This presumption may be stronger in the case where in the  inter-caste  marriage   or  a  marriage   between   a  tribal   and  a non-tribal the husband belongs to a forward caste.   But by no means   the   presumption   is   conclusive   or   irrebuttable   and   it   is open   to   the   child   of   such   marriage   to   lead   evidence   to   show that he/she was brought up by the mother who belonged to the scheduled caste/scheduled tribe. By virtue of being the son of a forward caste father he did not have any advantageous start in life   but   on   the   contrary   suffered   the   deprivations,   indignities, humilities   and   handicaps   like   any   other   member   of   the community to which his/her mother belonged.  Additionally, that he was always treated a member of the community to which her mother   belonged   not   only   by   that   community   but   by   people outside the community as well.   In the case in hand the tribal certificate has been taken away from the appellant without adverting to any evidences and on  the  sole  ground   that   he  was  the  son  of  a  Kshatriya father. The   orders   passed   by   the   High   Court   and   the   Scrutiny Committee, therefore, cannot be sustained. The orders passed by the High Court and the Scrutiny Committee are, accordingly, set aside and the case is remitted to the Scrutiny Committee to take a fresh decision on the basis of  the evidences that might be   led   by   the   two   sides. "

 Therefore in the enquiry which will be conducted before issuing the community certificate, the person who claims the status of Scheduled Caste/Scheduled Tribe of his/her father or mother has to establish that on his/her birth, he/she is subjected to the same social disabilities and also following the same customs and traditions and that the community has accepted that person to its fold.
The provision to inherit the caste from mother will go a long way in mitigating the hardships faced by a large number of children born of inter caste marriages.  Suppose a neglected or deserted SC/ST woman, married to a non SC/ST man, brings up her child with the same handicaps, sufferings, disadvantages attached to that caste/tribe, it is too harsh to deny the benefit to that child on the sole reason that the child's father belongs to non scheduled caste/scheduled tribe. 
             
- P.RAJENDRAN

www.prajendran.com


52 comments:

  1. there should not be any gender difference.and if a person getting a sc/st certificate by his/her mothers caste at that time acceptance by st community is taken into consideration,the environment where he broughtup is also a factor.But in many cases where father and mother both are sc/st and are much sound in their financial status, their children are getting reservation.WHERE AS their children brought up in metro cities .what is your view on this

    ReplyDelete
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  2. sir I obtained a schedule tribe certificate basing on my mothers caste, As I brought up in ST environment,and the ST community people accept us so the concerned tehsildar after due verification issued the certificate in the year 1995.From my childhood I have been treated as ST and I was getting stipend in schools and colleges,again I have land patta which describes ST . my father was kicked out from his home due to their marriage and we don't have any property from my father side. My father was died 6 year back. my mother is getting family pension as my father was in a group III service.then can I apply for services in reserve category as per law.

    ReplyDelete
    Replies
    1. hey where do u live...and how did u obtain the certificate... pls mail me laddu.dolls@gmail.com

      Delete
  3. Hello Sir..

    I am OBC person. I want to become Brahmin (OPEN). Can I write my caste as Brahmin & category as Open without any legal issues on official documents?

    ReplyDelete
  4. Hello sir,

    I am OBC person and my wife belongs to SC category. We want to give our child Brahmin (OPEN) caste. Can we start writing "Brahmin (OPEN) caste on his official records now? And can he be treated as "Brahmin (Open)" by caste legally?

    ReplyDelete
  5. hELLO Sir,

    I'm girl belongs to SC caste. My husband belongs to open caste. So after marriage is there any chances of getting those profits which comes for SC caste? for eg. Reservation in collages for further study or reservation in government jobs etc.

    ReplyDelete
  6. hi sir i m frm andhra n i married to muslim who i s muslim n i belongs to sc.can i put my son as sc?plz ans me sir coz my son,s future is in ur hand sir

    ReplyDelete
  7. hello sir i belong to open category bt my husband belongs to sc category ours was a love marriage n v had a registered marriage.i just want u 2 ask whether i can still continue wit my surname i had b4 our marriage or is it compulsory to change it to my husbands surname by giving a notice of d same in d gazzete bt i wish 2 continue wit my earlier surname n dnt want 2 change it n dnt evn want my husbands sc tag against mine or my childs name is it possible 4 me to do so? pls reply sir i m vry eager 2 knw

    ReplyDelete
    Replies
    1. according to the High Court, Kerala in Aug 11, 2005, One should have the caste of his/her father's.

      Delete
  8. Sir
    I am belonging to open caste and my wife is of sc.Can I put my childrens caste as sc ?

    Jayan

    ReplyDelete
  9. respected sir, If a child born 2 general caste hausband n obc wife,than wether child had done crime by not getting birth right of mother.after all only mother can give birth 2 child not father.

    ReplyDelete
  10. i m kayasth boy iwant to marry a gul belonging to brahmin caste .there being lots of social problem. can i change my caste by any legal procedure?

    ReplyDelete
  11. my mother is SC and my father is OBC..can i get a my cast as SC?

    ReplyDelete
  12. dear sir,
    mother belong to ST and father belong to BC/OBC.
    there childern belong to which Cat .

    other case
    father belong to ST abd mother belong to OBC
    child belong to which community ?????

    ReplyDelete
  13. PAVAN KUMAR

    GGOOD OFTRNOON SIR, MY LIFE AND DEATH QUESTION I AM BELONGING TO SC CASTE MY LOVER BELONGING TO OC(CHOWDARYS). I WAN TO CHANGE MY CASTE PLZ PLZ REPLY ME SIR . VERY URGENT MY PHONE NOMBER 9550609339 I AM FRM ANDHRA PRADESH

    ReplyDelete
  14. I am Hindu Nair person and my wife belongs to Hindu SC category. I want to change my wife's Cast to Nair caste legally?

    Reply

    ReplyDelete
    Replies
    1. Anu Suresh : Instead you better change your Caste to SC legally..

      Delete
  15. Mr.Prajendran,

    I belong to BC & my husband is a SC. Cam I get my daughter BC in her community certificate. Is that possible.

    Pls. clarify.

    Thanks
    Kayal

    ReplyDelete
  16. My father belongs to bc and my mother belongs to st community. what about my caste can i eligible st benifits

    ReplyDelete
  17. Thanks for sharing the famous stories about it. I enjoyed reading as well as learned too.
    problems in inter caste love marriage

    ReplyDelete
  18. Iam from Tamilnadu...i belong to MBC. My husband belongs to BC. I want my kid's community certificate in MBC. Is it possible? or i should use only my husband's caste BC?

    ReplyDelete
  19. Hello Sir...

    Myself Srinivasan from Hindu Gavara naidu community (BC) and i married girl from Hindu saiva Vellalar community (OC).

    Kindly advice for the below queries:

    1)Considering it as Inter cast marriage whether the girl community will change from OC to BC ?

    2)What will be the community for my kids ?

    I will be happy if i get answers from your end.

    ReplyDelete
  20. I m single and ST from north east. I adopted a girl child from local adoption centre. Based on affidavit provided by adoption centre, I obtained birth certificate. Since the child is coloured state govt is reluctant to provide ST certificate. Help me how obtain ST certificate.

    ReplyDelete
  21. i want a suggesion from u that i m from open cast but i want to convert it to st category due to some region so is it possible ..

    ReplyDelete
  22. sir, Im from BC community and my wife is from OC. we want to have our children to be OC.Is it possible?

    ReplyDelete
  23. Sir, I am a Scheduled Tribe member. My sister married to a General category boy. After giving birth to two children he died. My sister is struggling to look after the needs of the children. Cane her children enjoy the status of Scheduled Tribes to get educational benefits?

    ReplyDelete
  24. Sir.i have a doubt same as anu suresh mentioned above..can you help me with other answer

    ReplyDelete
  25. How Can i change my cast to nair cast legally?

    ReplyDelete
  26. sir my father belongs from General caste and my mother from S.T in caste.I obtained a schedule tribe certificate,Residence, and Birth certificate also basing on my mothers caste, As I brought up in ST environment,and the ST community people accept us so the concerned Tahasildar after due verification issued the certificate in the year 2009.From my childhood I have been treated as ST.I have land patta which describes ST.then can I apply for services in reserve category as per law.

    ReplyDelete
    Replies
    1. AnonymousAugust 12, 2013 at 3:30 PM

      sir my father belongs from General caste and my mother from S.T in caste.I obtained a schedule tribe certificate,Residence, and Birth certificate also basing on my mothers caste, As I brought up in ST environment,and the ST community people accept us so the concerned Tahasildar after due verification issued the certificate in the year 2009.From my childhood I have been treated as ST.I have land patta which describes ST.then can I apply for services in reserve category as per law.

      Delete
    2. Sir,Namaskar, I belongs from S.T in caste and my husband from general caste .My son and daughter obtained a schedule tribe certificate,Residence, and Birth certificate also basing on my caste, As they are brought up in ST environment,and the ST community people accept them so the concerned Tahasildar after due verification issued the certificate in the year 2009.From their childhood they are been treated as ST.Is this justified according to law for their future , services and other facilities? Please send me the solution for the above cited gist.I'm waiting for your reply.Please.

      Delete
  27. Hello all
    I am a Brahmin (OC) and my wife belongs Perika (BC) cast, both are belongs to Nalgonda dist, where we have to take marriage certificate, proceture & can we eligible for Rs. 50,000/- award. Now my wife comes under my cast (Brahim) or not. Please suggestion me on my mail id "dpallyram@gmail.com"

    ReplyDelete
  28. My father belongs to BC community,my mother is ST. I got ST certificate and availing the reservation facility.I have married married a BC girl.
    Can i get ST certificates for my children also?

    ReplyDelete
  29. My father is Dhangar and my mother is Gurav caste.. till now i am in Dhangar caste .. can i change my caste to Gurav which is my mother Caste..

    Reply

    ReplyDelete
  30. This comment has been removed by the author.

    ReplyDelete
  31. I am SC and my husband is MBC can I get sc certificate for my children. Pl tell

    ReplyDelete
  32. CAN YOU PLEASE EXPLAIN REGARDING INDIAN CASTE SYSTEM?? DOES IT RELATE TO RELIGION OR CULTURE? WHAT ARE THE EFFECTS OF CASTE ON MARRIAGE?? HOW MANY CASTE ARE THERE IN INDIA?? PLEASE HELP ME, SINCE IM TRYING TO RESEARCH ON INDIAN CASTE SYSTEM.TQ

    ReplyDelete
  33. My cousin is from general category and his wife is from SC , can they purchase a SC land in joint name

    ReplyDelete
  34. My cousin is from general category and his wife is from SC , can they purchase a SC land in joint name
    What rights will the child will have on the land after the death of the mother as child will be treated as general same as the caste of their father

    ReplyDelete
  35. sir, I am Forward Community and my wife is Backward community. Can my son get the BC certificate?

    ReplyDelete
  36. Sir, I have a query. I belongs to upper caste and my wife belongs to sc. My child belongs to which category?
    For my child can clime sc certificate

    ReplyDelete
  37. Respected Sir,
    My father police 5 years back he died on-duty he is General Category my mother is OBC, among 3 sons I am the second, my elder brother got married and living in another state, younger was given compassionate appointment, now I am facing many difficulties, can I claim OBC quota .

    ReplyDelete
  38. Respected sir,
    i am a SC girl and next two months i am getting married to a OBC(yadav) boy , is it compulsory that i must change my surname after marriage , because after adding yadav to my name i might get into trouble for all my reservations . please clear this doubt of mine

    ReplyDelete
  39. Sir,
    My father died when I was 4 years of age, and my mother married a tribal man, I was brought up by this tribal father, I have two brother and one sister through this tribal father, now my step brother and sister are eligible for Tribal Certificate, whether I am also eligible for the same?

    ReplyDelete
  40. Hello Sir,
    I am j.karmakar belongs to General cast in west bengal. in 2012 i get married to a Schedule Tribe (ST) girl under special marriage act at marriage registration office in west bengal. in 2013 she get a state govt. job in ST category. still now she do not change her surname in all her documents. At present we have a son.
    My question is (1) our son belongs to which category general/ST category?
    (2) what will be his surname as her mother or father?
    (3) Can he get the facility of ST category as his mother in future? if yes then from govt. can he get ST cast certificate?
    (4) Is my wife needed to change her surname to my surname in future? if she do not change her surname then can we face any problem in future?

    I shall be very thankful to you.
    Please help me to resolve these issues.i follow your blog. as well as please send reply to my e-mail address: jthebig@rediffmail.com
    thank you.

    ReplyDelete
  41. Is this blogger is dead or inactive? why he/ she is not give any reply to any post?

    ReplyDelete