Caste determination of child.


My Cousin is an Scheduled caste by birth and got married to a Christian man 2 years back. She gave birth to a child last month, now the question is whether the child will belong to scheduled caste?
 
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Advocate

No. Caste of the child is by birth and it is that of the father not mother as has been held by the Supreme Court of India.
 
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But in Tamil Nadu and Kerala the caste is let to be chosen by the child attaining 18 years of age
 
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Dy Director

You have been told the rule position.  cpontact tehsil office for any doubt.

 
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Scientist/Engineer

There is no law, scripttures or authority that says that the caste of the child is determined by the caste of the father. In fact Hindu scripttures say lower of the two castes for anuloma marriages and lower than the lower caste for pratiloma marriages. The Indian Constitution does not recognise castes except for the purpose of reservations. There are a large number of High Court and Supreme Court judgments on this question. The ultimate Supreme Court judgment says that if the child is brought up in such surroundings that it continues to suffer the disabilities and disadvantages of the caste entitled for reservations available for the caste, it will be deemed to belong to that caste. The burden of proving this is on the parents. 

 
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Dy Director

Originally posted by : Dr. MPS RAMANI Ph.D.[Tech]
There is no law, scriptttures or authority that says that the caste of the child is determined by the caste of the father. In fact Hindu scriptttures say lower of the two castes for anuloma marriages and lower than the lower caste for pratiloma marriages. The Indian Constitution does not recognise castes except for the purpose of reservations. There are a large number of High Court and Supreme Court judgments on this question. The ultimate Supreme Court judgment says that if the child is brought up in such surroundings that it continues to suffer the disabilities and disadvantages of the caste entitled for reservations available for the caste, it will be deemed to belong to that caste. The burden of proving this is on the parents. 

Caste certificate is not issued as p[er scripttures rathe as per DOPT instructions as per which theperson belongs to the cast of father.

 
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Scientist/Engineer

Marriages are allowed only between different gotras and the gotra of the child is decided as the gotra of the father. Taking this paralell,  even knowledgeable people are erroneously saying child takes the caste of the father in intercaste marriages.I did not say that scripttures are to be followed for giving caste certificate. There must be some authority to decide the issue. DOPT are no authority and they have no mandate to decide the issue. When DOPTissues a caste certificate there is no one to challenge it and the persons who receive the caste certificate will not challenge it because they are benefitted by it. There are more than a dozen judgments on this issue. Some of the early judges have expressed the erroneous view that caste is decided by the caste of the father. These have been flouted by later judgments and by the supreme court. When I say Supreme Court judgment how is it that you are flinging at me DOPT instructions. Is DOPT higher than the Supreme Court? You should have asked me for the SC judgment. Here it is.

 



Attached File : 84227 20171203113202 406827171 intercaste marriage sc judgement.pdf downloaded 2 times
 
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Dy Director

Originally posted by : Dr. MPS RAMANI Ph.D.[Tech]
Marriages are allowed only between different gotras and the gotra of the child is decided as the gotra of the father. Taking this paralell,  even knowledgeable people are erroneously saying child takes the caste of the father in intercaste marriages.I did not say that scriptttures are to be followed for giving caste certificate. There must be some authority to decide the issue. DOPT are no authority and they have no mandate to decide the issue. When DOPTissues a caste certificate there is no one to challenge it and the persons who receive the caste certificate will not challenge it because they are benefitted by it. There are more than a dozen judgments on this issue. Some of the early judges have expressed the erroneous view that caste is decided by the caste of the father. These have been flouted by later judgments and by the supreme court. When I say Supreme Court judgment how is it that you are flinging at me DOPT instructions. Is DOPT higher than the Supreme Court? You should have asked me for the SC judgment. Here it is.

 

DOPT does not issue caste certificate.  They issue only guidelines.

 
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Scientist/Engineer

The question here was not whether DOPT issues certificates or guidelines only. The question is caste of the offspring of an inter-caste marriage. The judgment also refers to a Bihar Government circular which was saying caste of the mother was caste of the child.  The mis-conception that in Hinduism caste is derived from father  originated from a Privy Council (in London) decision in 1865. What those in London know about Hindu scripttures?  In Hinduism intercaste marriages of pratiloma type are banned. Hence how can the question of caste of their children come?  Don't attack me saying that I am supporting casteism. I am only saying what the laws say. Constitution of India has superceded scripttures. But the Constitution is silent on this question. Hence we have to rely on court judgments.

 
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