Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Saptarshi (Own)     25 December 2013

Caste system

I have a question regarding the Caste system.

-----------------------------------------------------------------

Here is a situation.

Person A (male) is OBC in Jharkhand. Person B (Female) is General category in west Bengal. A and B are having same caste. They married around 30 years ago. Now the caste is included in SC category in west Bengal a couple of years back.

The question is:

1. What will be the caste of  B? Can she get SC certificate?

 

2. What will be the caste of Children C (male) and D (female)?



Learning

 3 Replies

Sudhir Kumar, Advocate (Advocate)     25 December 2013

Person A (male) is OBC in Jharkhand. Person B (Female) is General category in west Bengal. A and B are having same caste.

 

Ans : Possible there is separate list of each caste.

 

They married around 30 years ago. Now the caste is included in SC category in west Bengal a couple of years back.

Ans  B (Female)  will get such certificate.

The question is:

1. What will be the caste of  B? Can she get SC certificate?

 

Ans : The same cast in which she was borne (not marital caste) now the cast is notified as SC (as you said) she can get SC certificate.

 

2. What will be the caste of Children C (male) and D (female)?

 

Ans : Same as of father (not mother)

 

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     27 December 2013

What Mr. Sudhir Kumar says is not correct. The question of caste comes only when one wants to claim benefits of reservations. The eligibility for benefits of either any of the parents or that of the children have been extensively dealt with. There are mutually contradictory High Court judgments. There is also a Supreme court judgment  which examines all the High Court judgments thus far and gives a final judgment. There are High Court judgments which were in line with what Mr. Sudhir Kumar  has said but they have been negated by the Supreme Court judgment.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     27 December 2013

I have attached the Supreme Court judgment


Attached File : 725995008 intercaste marriage sc judgement.pdf downloaded: 107 times

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register