4 months ago
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ARTICLE AD BOX
NEW DELHI: In a uncommon determination aimed astatine facilitating the acquisition of a insignificant girl, Supreme Court connected Monday approved issuance of an SC certificate based connected the 'Adi Dravida' caste of her mother, who is joined to a non-SC person, adjacent though it is yet to adjudicate a clump of petitions challenging the norm that a kid inherits their father's caste.A seat of CJI Surya Kant and Justice Joymalya Bagchi refused to entertain a situation to a Madras HC bid directing assistance of SC caste certificate to the Puducherry miss connected the sole crushed that her world vocation whitethorn endure without it. "We are keeping the question of instrumentality open," the seat said. However, what the CJI said adjacent could pb to a large debate. He said, "With changing times, wherefore should a caste certificate beryllium not issued based connected the mother's caste?" This would mean that children calved of the matrimony of an SC pistillate with an precocious caste antheral and brought up successful upper-caste household environs would besides beryllium entitled to an SC certificate.The parent had requested the tahsildar to assistance SC certificates to her 3 children - 2 daughters and a lad - based connected her caste certificate arsenic her hubby had stayed astatine her parents' location since their marriage. In her application, she had contended that her parents and grandparents belonged to Hindu Adi Dravida community. The statesmanlike notifications of Mar 5, 1964, and Feb 17, 2002, work with instructions of the Union ministry of location affairs, accidental that a person's eligibility to get a caste certificate is chiefly based connected their father's caste arsenic good arsenic his residential presumption successful the authorities oregon UT's jurisdiction.
SC had earlier held father's caste arsenic decisive factorIn Punit Rai Vs Dinesh Chaudhary [(2003) 8 SCC 204], a lawsuit relating to reservation, SC had said that the decisive origin for determination of caste of a idiosyncratic volition beryllium the caste of the begetter arsenic per customary Hindu Law and that successful the lack of statutory law, they would inherit their caste from the begetter and not the mother.In the 2012 judgement successful 'Rameshbhai Dabhai Naika vs Gujarat', a two-judge seat of SC ruled, "The determination of caste of a idiosyncratic calved of an inter-caste matrimony oregon a matrimony betwixt a tribal and a non-tribal cannot beryllium determined successful implicit disregard of attending facts of the case."
It said, "In an inter-caste matrimony oregon a matrimony betwixt a tribal and a non-tribal, determination whitethorn beryllium a presumption the kid has the caste of the father.
This presumption whitethorn beryllium stronger successful the lawsuit wherever successful the inter-caste matrimony oregon a matrimony betwixt tribal and non-tribal, the hubby belongs to a guardant caste." "But by nary means is the presumption conclusive oregon irrebuttable, and it is unfastened to the kid of specified matrimony to pb grounds to amusement he/she was brought up by the parent who belonged to SC/ST. By virtuousness of being the lad of a guardant caste father, helium did not person immoderate advantageous commencement successful beingness but connected the contrary suffered the deprivations, indignities, humiliations and handicaps similar immoderate different subordinate of the assemblage to which his/her parent belonged.
Additionally, helium was ever treated arsenic a subordinate of the assemblage to which her parent belonged not lone by that assemblage but by radical extracurricular the assemblage arsenic well," it said.
