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Sunil Kumar (IT)     28 December 2020

Change from schedule caste to general category

Hi, One of my friend wants to get rid of his scheduled caste certificate and declare himself as general category, 

What are the ways to do this legally ?

If he does do, what will be impact of his following generations ?

He doesnt want to get any benefits of scheduled caste going forward.

Experts, Please advice. 



 4 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     28 December 2020

Hello,

You can drop the benefits if you don't want to take them. You cannot change the caste once you are born in the particular caste. 

175B083 Mahesh P S   28 December 2020

Hello,

Well, religion can be changed in India, but a caste can’t. A person born in upper-class caste can’t avail of the benefits reserved for SC/ST or OBC.  One acquires caste by birth. Yes, if there is an error due to many circumstances, you can get it corrected. The following information states about the caste conversion from SC to General.

All in all, caste is still not autonomous and it is not a person’s own decision. It can be changed in special circumstances, if your parents belong to different castes, you have a choice of one of their castes. Caste change can be achieved legally only when someone has been adopted.  And if a child (born in an inter-caste marriage) when attains the age of 21 chooses to vote for another caste of the father or mother in specific circumstances. 

In the case of marriage, it is not legally possible to change from Scheduled Caste (SC) to Other Backward Classes (OBC) or religion, as instructed by the Supreme Court.

In a judgement, the Apex Court of India ruled that the caste is decided as per the kin of birth. It can not be changed through marriage. If a woman of general caste marries a man who is from scheduled caste, no matter what the ritual says, she can not change her caste legally and avail the benefits available to SC. Similarly, men also can not change their caste through marriage. 
 

Thank you

 

 

1 Like

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     28 December 2020

AGREE with the above Expert's Views.

Keep Smiling .... Hemant Agarwal
VISIT:  www.chshelpforum.com

Shreya Mittal   08 January 2021

Greetings,

In India, the cast which a person is born with, remains with him. He gets it from his respective parents and has a choice to make in case of inter-caste marriage. But just like it is not legal for someone to change their religion for the purpose of marriage, same way they can't change their caste. The Supreme Court of India held in a judgement that caste cannot be changed for the purpose of marriage or after marriage in case of inter-caste marriage. 

A caste is not decided by the person but stays with him since birth. Anyone can not change their caste from SC to General or vice versa whenever they wish. Caste change can be legally done only when someone is adopted or in special circumstances a child (born in an inter-caste marriage) at the age of 21 decides to opt for the other caste of the father or mother.
 

Thank you!

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