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jammy (exec)     22 February 2011

caste related

hi all

in case of girl from a Forward Caste and guy from Schedule Caste, is there any regulation / law in getting marriage registered?

who will get to decide the caste of the child and what caste will the child get? can the child take the caste of the mother i.e forward caste? also is there any certificate that will be issued to the child for forward caste?

pls help in answering the queries. thanks.



Learning

 1 Replies

Amit Pateria (Advocate & Consultant (Law) Supreme Court of India New Delhi)     23 February 2011

A person who is a high-caste Hindu and not subjected to any social or educational backwardness in his life, by reason of marriage alone cannot ipso facto become a member of the Scheduled Caste or the Scheduled Tribe.

"The guiding principle is that no person who was not a scheduled caste/tribes by birth will be deemed to be member of scheduled caste or scheduled tribe merely because he or she married person belonging to scheduled or scheduled tribes.

Determination of caste of a person is governed by the customary laws. A person under the customary Hindu law would be inheriting his caste from his father

Even if a female is not a member of tribe by virtue of birth. She having been married to a tribal after due observance of all formalities and after obtaining the approval of the elders of the tribe would belong to the tribal community to which her husband belongs on the analogy of the wife taking the husband domicile."

A person who is a high-caste Hindu and not subjected to any social or educational backwardness in his life, by reason of marriage alone cannot ipso facto become a member of the Scheduled Caste or the Scheduled Tribe.

"The guiding principle is that no person who was not a scheduled caste/tribes by birth will be deemed to be member of scheduled caste or scheduled tribe merely because he or she married person belonging to scheduled or scheduled tribes.

Determination of caste of a person is governed by the customary laws. A person under the customary Hindu law would be inheriting his caste from his father

Even if a female is not a member of tribe by virtue of birth. She having been married to a tribal after due observance of all formalities and after obtaining the approval of the elders of the tribe would belong to the tribal community to which her husband belongs on the analogy of the wife taking the husband domicile."

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