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Anuradha (der)     23 July 2012

My baby's caste

hi..i belong to a forward caste and got married to a person from OBC. We prefer our child not to have any caste at all with religion as Hindu.is it legally possible to add caste as "blank or not applicable" in all records - school/college/employement?

Please help with the legal validity in these places :

1 Kerala

2 Karnataka

thanku

Anu



Learning

 8 Replies

Tajobsindia (Senior Partner )     23 July 2012

1. The answer is NO.
2. In India identity of a person is known by the Caste s/he hails from, then comes Religion s/he practices and finally h/er 'just' Political nemesis people know h/er by in h/er afterlife.
3. For detailed knowledge gaining refer to one of my earlier post on this subject in below link,  as I can visualize few more questions from you poping very soon here ::(

Link:-

https://www.lawyersclubindia.com/forum/Caste-and-religion-status-after-marriage-55508.asp

1 Like

Bhawani Mahapatra (Law Officer)     23 July 2012

Dear Anuradha

If you don't prefer to tag a caste with your child, why you need a religion. You may face problem if you appear to the society casteless. There are certain legal implications which will require you to mention your caste. Best answe is given by Mr. Tajobsindia.

Adv. Chandrasekhar (Advocate)     23 July 2012

No need to mention caste.  At the most in the applications you can mention not belonging to SC/ST/OBC for the purpose of reservation.  Since my childhood days, I never mentioned my caste, but wrote in applications " not belonging to reserved category" and I have never felt any difficulty in my education, employment and in legal profession.  congratulations for taking such progressive decision. 

Anuradha (der)     24 July 2012

hi thanks for your reply..but its not clear.r u saying it is not valid in india to add a caste as "not applicable"??

Advocate.S.A.Siddiq (Advocate)     24 July 2012

not necessary to mentioning the caste in school records.State / Central Govt passed GO's. 

If you are intrest to quote the caste - mention the mother or father caste to school records.

1 Like

Anuradha (der)     24 July 2012

hi adv. Chandu n adv.Siddiq..but y is dat most of them says it will be a problem in future??

does the law differ through out india based on state govts??or we have a common law?

i insist to get an accurate answer as I do not want to trouble my baby cos of a wrong decision

Adv. Chandrasekhar (Advocate)     24 July 2012

You are well aware that in India caste based reservation is there in educational and employment facilities.  A person who belongs to these castes can avail himself these facilities till these reservations exist in our system.  You being not in any reserved category (I am not using the word forward caste), but your husband belongs to OBC, your child as per the prevailing  law declared by the Supreme Court, acquires the caste of his father, i.e., OBC.  He will be eligible to avail OBC reservation facilities in future.  If you both take a bold decision of not mentioning caste in respect of your child, he may deprive the reservation facility in future.  That is what some of the advisers are suggesting that it may create future complications for the child.  If your child also will become as much bold and as much progressive as both of you and respect your decision, then go ahead and not mention the caste of the child.  

1 Like

Anuradha (der)     25 July 2012

Thanks Adv.Chandu..we dont wish to avail any reservation based on caste. hope v can bring up our baby likewise..

n yes..my mistake that i used the word forward caste..effect of so callled social system..shame on me :( :(

1 Like

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