Regarding community certificate
Dhanyalakshmi
(Querist) 21 June 2014
This query is : Resolved
My self and my husband is different community and we had inter cast marriage in 1999. My husband belongs to Hindu - Maratta and the same was removed from Taminad Gazette. Shall I use my community to my sons community certificate. Kindly clarify my doubt.
G. ARAVINTHAN
(Expert) 21 June 2014
Either of Parent's community can be taken for the purpose of obtaining community certificates
P. Venu
(Expert) 22 June 2014
The query is wrongly put. It may be that Government of Tamil Nadu would have removed the caste of your husband from the list of casts specified for reservation.
malipeddi jaggarao
(Expert) 23 June 2014
Using the mother's caste to the child out of inter-caste marriage is based on how the child was brought up. This was discussed by SC in the following case:
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. "
T. Kalaiselvan, Advocate
(Expert) 25 June 2014
The child can adopt either of the parent's community. The settled law reproduced by expert Mr. Malipeddi Jagga Rao not only highlights Supreme court ruling i this issue, but also it has been a widely accepted fact that the child can be issued with the community certificate with the community of its mother, a quick enquiry with local tahsildar office will clear the doubt.
