Can caste be changed from general to scheduled caste?
Paresh R
(Querist) 23 April 2018
This query is : Resolved
Father belongs to general category (his dad, grand dad, great grand dad, mom, all were general merit) is Christian (Protestant) (7th day Adventist) his wife, who is mother (her dad, grand dad, great grand dad, mom, all were scheduled caste Christians SC)of his child (daughter). They have been married for past 18 years. And Mother is also Christian but is Scheduled Caste (SC). What caste will the daughter be? Till now the daughter in 10th marks cards and PUC marks cards is belonging to general category.
Can the general category be changed to Scheduled Caste (SC)category legally? To avail benefit of SC quota in getting age relaxation, government job etc?
If it can be done, how to get it done?
Where to start doing all this?
If there is no legal way to be done, how can this be done illegally? Can this be managed?
All this being asked here to get job.
Isaac Gabriel
(Expert) 23 April 2018
In intercaste marriages, the children can follow the caste of father or mother.In your case, even you adopt your caste for the children, you cannot get the privileges to Scheduled caste, because only the Hindu nad seeks are considered as for reservation in job.In Tamilnadu, the scheduled caste n the christian religion are considered BC and OBCs
Ms.Usha Kapoor
(Expert) 23 April 2018
In School you were admitted and the caste was general category based on your Dads.. In our society in inter caste Marriages father's caste is given more priority. So you belong to genera category. You can't be converted to SC based on your MOM's caste and can't avail all the attendant benefits of reservations, relaxation of age etc of SC candidates.
Guest
(Expert) 23 April 2018
Mother can use her caste by birth in her own case, but her children will have the caste of their father.
Kumar Doab
(Expert) 23 April 2018
If you are in Tamilnadu you can benefit from the post of Mr. Issac Gabriel.
and get in touch with him.
P. Venu
(Expert) 23 April 2018
"Mother ............Scheduled Caste Christian!" Christianity has no caste; but only Hindu Religion has. The query is misconceived.
Paresh R
(Querist) 23 April 2018
Mr P Venu
Your theory has given raise to more confusion.
The mothers marks cards it is scheduled caste.
Fathers marks cards it is general.
daughters marks cards in 10th and 12th is general.
I think you did not know that few SC hindus (read few crores) converted to christian because their own faith (hindu) look down upon them. But continued to enjoy SC benefits in govt.
Your answer is not helping. How can you relate?
kavksatyanarayana
(Expert) 26 April 2018
Christians comes under B.C.-C. If any SC/ST person officially convert to Christianity, then that person of SC/ST will loose their reservantion as that person now will come under BC-C. But to the best of my knowledge, several SC/ST persons un-officially converts to Christianity for the sake of reservation.
Sudhir Kumar, Advocate
(Expert) 27 April 2018
All Christians are OBC?
Really ?
He is not the case of conversion. It is a case of inter religious marriage.
Mr Kavaksatyanaraya may consult rules.
CAST OF CHILD WILL BE SAME AS OF FATHER.
I believe that the querist need not be confused further.
Isaac Gabriel
(Expert) 27 April 2018
It shall be appropriate to peruse the Government order Tamilnadu which is till in operation.Government Orders of Interest to Citizens
GOVERNMENT OF TAMIL NADU
ABSTRACT
Issue of Scheduled Caste / Scheduled Tribes Community Certificates to Off-Springs of Inter – Caste married couple – Instructions – Issued in G.O.( 477 ), Social Welfare Department, dated 27-6—75 – Modification orders – Issued.
________________________________________
ADI DRAVIDAR AND TRIBAL WELFARE ( ADW.II ) DEPARTMENT
G.O. ( 2D ) : 17 Dated : 16 - 8 -1994
Read again ;
1. G.O. ( Ms ) No. 477, Social Welfare Department, dated 27-6-75
2. From the Government of India ( Ministry of Welfare ) Lr.No. 12017/1/91 SCD-R Cell, dated 8 -4 -91 and 17-1-94.
----
ORDER :
In the Government Order read above, Government ordered that children born of Inter – Caste marriage shall be considered to be belonging to either the community of the father or the mother according to the declaration of parents regarding the way of life in which the children are brought up and that the declaration in respect of one child will apply to all children.
2. The Government of India in their letter read above have informed that it is the recognition and acceptance by the Scheduled Caste/Scheduled Tribe society of the children born out of a marriage between a member of Scheduled Caste/Scheduled Tribe with an outsider, which is the main determining factor irrespective of, whether the Tribe is matriachal or patriachal and that the final result will always depend on whether the child was accepted as a member of the Scheduled Caste/Scheduled Tribe or not. The Government of India have further informed that in fact the present Government order read above would affect the interest of genuine Scheduled Caste/Scheduled Tribe persons in the matter of Scheduled Caste/Scheduled Tribe benefits provided to them. Hence, the Government of India have suggested that the Government order read above may be withdrawn and Scheduled Caste/Scheduled Tribe claims of the off-springs of inter-caste married couple may be decided in accordance with the legal position circulated by the Government of India.
3. In modification of orders issued in G.O.Ms.No.477, Social Welfare Department, dated 27.6.75, the Government direct that Scheduled Caste/Scheduled Tribe certificates to the off-springs of inter-caste married couple, where one of the spouses is a member of Scheduled Caste/Scheduled Tribe community will be issued after verification of the acceptance given by the members of Scheduled Caste/Scheduled Tribe community living in that area.
4. This order takes effect from the date of issue.
5. The Principal Commissioner and Commissioner of Revenue Administration/Director of Adi Dravidar and Tribal Welfare is requested to issue suitable instructions to all concerned to adhere to the above instructions scrupulously and to make it clear to them any default will be viewed seriously. A copy of the instructions issued may also be sent to Government.
6. The receipt of this order should be acknowledged.
(BY ORDER OF THE GOVERNOR)
P.NATESAN,
SECRETARY TO GOVERNMENT
To
The Director of Adi Dravidar and Tribal Welfare, Madras-5
The Principal Commissioner and Commissioner of Revenue Administration,Madras-5
P. Venu
(Expert) 27 April 2018
The query raises two issues:
First, the caste/community of the child when one parent belongs to SC/ST and the other, to the general category; and
Second, the status of the SC/ST person when they convert to another religion.
As regards to the first aspect, the general proposition is that the child takes up the caste/community of the child. However, there could be an exception when the child is brought up in the community/caste of the mother. This has been succinctly brought out by the Learned Expert Shri Issac Gabriel through his informed suggestions. In fact, this is the Law declared by the Apex Court.
As regards to the second aspect, it is the principle that eligibility of the Scheduled Caste because of the Caste. And the system of Caste is unique to Hinduism. Other religions such as Christianity and Islam have no caste. Hence, once a person converts from Hinduism to another religion, he can no longer be a Hindu and ceases to be considered to be belonging to Scheduled Caste. (But the term 'Hindu' has been defined to include those belonging Jain, Buddhist and Sikh religions that the persons converting to those religions do not lose their status as Scheduled Caste.)
As regards to Scheduled Tribe, their eligibility is based on their community and hence change of religion is of no consequence.
Of course, it is a matter of choice for the individual concerned whether he should disclose or hide his conversion to the other religion.
Kumar Doab
(Expert) 27 April 2018
The GO mentioned by Mr. Issac Gabriel and mater contained therein and points mentioned by Mr. P.Venu has been discussed in threads earlier...
Agreed ..
Kumar Doab
(Expert) 27 April 2018
The cast of daughter in Matric certificate is already mentioned as general as per 1st post of Querist..
So chances of agitating on case are feeble..
Guest
(Expert) 28 April 2018
Mr. Sudhir Kumar had done a very great invention or investigation. or innovation. Appreciated.
Isaac Gabriel
(Expert) 28 April 2018
The supreme court has recently declared, if a SC reconverted to Hinduism again, will become eligible for SC concessions.I f you are not serious about the congregation and reconvert your children you can avail the concessions.So, the ball is in your court.
Guest
(Expert) 28 April 2018
I humbly differ with Mr. Isaac Gabriel... The procedure of getting back to the Original Caste by getting Reconvert is Prevailing from the beginning and not as per the recent declaration of Supreme Court as stated Please.
Isaac Gabriel
(Expert) 28 April 2018
I too agree.But to enlarge the same througt the country, I posted the Supreme court Judgment as reference, since the queriyist's state is not known.
Kumar Doab
(Expert) 28 April 2018
Mr. Sudhir Kumar , and then Mr. Issac Gabriel both are forthright and correct..in their last posts.
Has the child as in query attained majority also..!
Ms.Usha Kapoor
(Expert) 22 June 2018
I agree with Sudhir Kumar's advice also apart from my view.
