Chandu (Software Engineer) 07 September 2011

Caste determination

Hi Friends,

`I am Chandu from Hyderabad. I have a question regarding caste determination of an individual. For instance, a boy from Upper case (OC) gets married to a girl from a lower caste(BC) and they have a child after marriage. Can the child claim for the (BC) recognition from his childhood. Can he avail all the benefits which a Backward caste guy would get. Can he go ahead and apply for a caste certificate as become a inheritant of his mom's caste? Hope you clear my doubt soon. Thanks in advance.`

Sincerely, Chandu.

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6 Replies

Isaac Gabriel (Advocate) 07 September 2011

Right from childhood the community of mother should be incorporated in school records as weel as in communal interactions.Then a BC certificate can be applied.The criterion is that it should accustomed to the community and the practices.

Adv Archana Deshmukh (Practicing Advocate) 07 September 2011

A legitimate child takes the caste of his father. The Gujarat High Court has ruled that a child born out of wedlock between a man from upper caste and a woman belonging to Scheduled Tribe is not eligible for the benefit of reservation. I think there is also a supreme court decision in this regard.

Arvind Singh Chauhan (advocate) 08 September 2011

I go with Archana Mam.

Chandu (Software Engineer) 09 September 2011

Dear Isaac,

Can you eloborate the message in detail about the communal practices that the child has to follow ?

Thanks,

Chandu

Isaac Gabriel (Advocate) 09 September 2011

Ministry of Socisl welfare FAQ

Attached File : 15197 208294 24 what shall be the status of the off spring of a couple one of whom is a scheduled caste.doc downloaded: 134 times

Sudhir Kumar, Advocate (Advocate) 25 November 2011

I will agree with Ms Archana and disagree with Mr Gariel with due regard. The caste status will be that of father as the soceity is patriachial. Rules do not permit otherwise.