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Chandra shekar. S   14 December 2018

Can childrens get mothers caste certificate in Karnataka

Can my childrens get her mother's caste certificate in Bangalore, Karnataka,, as she is from SC and I am from upper caste,, since marriage my children and myself have been living with my wife family and my childrens follow there traditional and culture,,, But as per supreme Court order and judgement copies I went to banashankari taluk office,,, The officer is rejecting the documents of my children's saying supreme Court order is only for Gujarat or Andhra Pradesh case it does not apply to Karnataka,, shocked to here this😳??? They asking me show at least single this type case in Karnataka. Can any one provide me good suggestion or advice what can be done much awaiting for.your valuable replies,, Looking forward Chandra shekar


 33 Replies

N.K.Assumi (Advocate)     14 December 2018

I wish the lady members of this forum to responds to this query.

Siddharth Srivastava (Advocate)     15 December 2018

No. children shall get certificate of caste of their father only.

Siddharth Srivastava (Advocate)     15 December 2018

supreme court order is applicable in all states of India. case law differs from facts of the case.

Chandra shekar. S   15 December 2018

Dear Siddhartha Sir,, much thanks for the reply,, as I do not believe in any caste just humanity is the only caste,,, I do not know why my wife is insisting to provide my second girl child to provide her caste,, as she believes there are government privileges but once my child leaves India who damn cares or considers caste globally,, it's of no value-- sir,, plz do suggest is there any chances of getting the child of her caste certificate,,, if supreme Court order applies for all the states why not karnataka???

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     17 December 2018

Advocate Siddharth Srivastav is not  correct.  When one of the parents belong to a caste, which can avail the benefits of reservation, the right to reservation of the child is decided on the basis of whether the child was brought up in the surroundings with the disabilities of the caste to which reservations are availble or not. For instance if the child lived with or without you among the people of the caste of his/her mother, he/she is entitled for the reservations. In your case the child should get caste certificate if you can prove the facts. There is a supreme court judgment on this. If you want to know send me your email. LCI does not allow attachments these days.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     17 December 2018

You can file a case against official citing the judgment. At first approach his superior officer. You may follow or not the caste system. But no one can deny you, your rights under the law.

Siddharth Srivastava (Advocate)     17 December 2018

In India except lawyer every body claims to be expert in law. It is disgusting to see that various non legal persons without making any labour to ascertain the facts and examining the law gives their expert opinion. I request such quacks to check law before commenting to legal propositions.
1 Like

Chandra shekar. S   17 December 2018

Dr, Ramani. First of all thanks for an advice,,, in your valuable suggestion you have mentioned about attachment of judgement copies by supreme Court if it is about case in Gujarat and judgments by honourable by 2 bench judges After Alam and Sanjana prakash Desai,, I had downloaded the copies of this judgement with also some nationalised news paper articles and provided the photo copies of judgement and paper articles with my spouse caste certificate,, TC with affidavit from my spouse stating that childrens were brought under family culture and tradition seeing all this documentation the officer is rejecting the US saying he has not seen single this type of case in Karnataka,, if I prove a case in Karnataka then he is also entitled to provide same that's why I came to this forum to get some advice,, are my children can get benefits or not. To my shock the first reply was from advocate N. K. Assumi with leaving the matter to lady advocates in this forum,, next was Mr, Siddhartha Sir very valuable suggestion and was very clear to the point and little confusion in topic saying ( supreme court order is applicable in all states of India. case law differs from facts of the case) I request some lady advocates in this forum to answer as Assumi sir advise. Lastly thanks Dr. Ramani for your suggestion

Chandra shekar. S   17 December 2018

Dr, Ramani. First of all thanks for an advice,,, in your valuable suggestion you have mentioned about attachment of judgement copies by supreme Court if it is about case in Gujarat and judgments by honourable by 2 bench judges After Alam and Sanjana prakash Desai,, I had downloaded the copies of this judgement with also some nationalised news paper articles and provided the photo copies of judgement and paper articles with my spouse caste certificate,, TC with affidavit from my spouse stating that childrens were brought under family culture and tradition seeing all this documentation the officer is rejecting the US saying he has not seen single this type of case in Karnataka,, if I prove a case in Karnataka then he is also entitled to provide same that's why I came to this forum to get some advice,, are my children can get benefits or not. To my shock the first reply was from advocate N. K. Assumi with leaving the matter to lady advocates in this forum,, next was Mr, Siddhartha Sir very valuable suggestion and was very clear to the point and little confusion in topic saying ( supreme court order is applicable in all states of India. case law differs from facts of the case) I request some lady advocates in this forum to answer as Assumi sir advise. Lastly thanks Dr. Ramani for your suggestion

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     18 December 2018

The statement of Mr.Siddharth Srivasrav that child takes the caste of the father is supported neither by law nor by scripttures. I have extensively dealt with the subject elsewhere in this Forum. Let him stop calling names and concentrate on the subject of discussion and confront me on the subject.  If there was another case where the father belonged to sheduled caste and the mother to a higher caste Siddharth Srivastav will readily give caste certificate. But that is not law.

The officer dealing with caste certificate will have only limited powers though he may pretend otherwise. You can ask him to give a reply in writing and also ask him who is the appellate authority above him. He may or may not give. If his higher authority does not help you, you may have to go to the High Court. 

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     18 December 2018

The response of Mr.Assumi was in jest only, not serious.

Siddharth Srivastava (Advocate)     18 December 2018

Great reply of Dr. MPS Ramani, Ph.D. 🙏🙏. Again he has not touched any legal proposition. I have cited the judgement of supreme court and if a ybody is unable to understand then it is his problem. Indian society is patriological society. I am not here to give any caste certificate.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     18 December 2018

I, and not Mr. Srivastav, had cited the Supreme Court judgment,  Indian society is a patriarchal and not a patriological or pathological society.  It was because Indian society was  patriarchal,  Mr. Srivastav and others including the Privy Council in London a 150 years ago, made the same mistake.

Siddharth Srivastava (Advocate)     18 December 2018

The correction of spelling is appreciated but law is governed by law laid down by Walter Privy council and later by supreme court of India. Personal opinion and feelings does not matter in law. I have cited supreme court judgement which is relevant in this regard.

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