Is changin caste & surname legal in india.


Respected Lawyers.

Is it legal to change surname & caste in India ?

Someone who was having OBC surname earlier chnaged his surname to SC/ST caste later in 80s or 90s. Now this guy has charges me & my neighbour with Fake Atrocity to take revenge & blackmail us for the money. I have got a birth certificate of him in which his mother's surname is old (OBC) issued by local municipal hospital in 1989 & all other documents have new surname (SC/ST) issue after 2001.

Can this be a strong point for us while defending the case in session court? Please advise.

 
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First of all ensure that his caste has not been included or amended to SC anytime after 1989 by the Central Government (or may be by the State Government though the State government is not empowered to do so). In U.P. very recently the OB Caste NISHAD was amended to SC by the State Government, but as per the law State is not empowered to do so. Hence, again NISHADS have become the old OBC. Please also keep in mind that Surname do not represent the caste of an Indian citizen.
 
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Dear OmPrakash Sir,

Thanks for your reply. 

Yes his later surname/caaste is in the govt. notified list of SC/ST ammended as on 1989. But the earlier surname was Patel which I think belong to OBC caste (alos know as Koli caste) in Maharashtra & Gujrat (I did some research on google). Patel is a Gujrati surname & it belongs to OBC & recently there was a morcha by patidar samaj in Gurjrat led by Hardik Patel to bring Patels in SC caste to entitle reservervations & other benefits. This is all what I know.

Request yout opinion on this.

 
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My dear Girish, many a times, to escape the insults/attrocities from the upper caste Hindus, the SC's keep their surnames of non SC's, so that is no crime. The crime is, possession of SC certificate, if in actual someone doesn't belong to it. My earnest suggestion is to not to raise this issue during the trial, if you do not have the unrebutable evidence against him. Choice is yours.
 
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OK got the point sir, thanks a lot for clarification.

 
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