Dr J C Vashista (Lawyer) 01 July 2021
India is a patriarchal society where caste of father is followed.
What is your problem / concern / locus standi ????
G.L.N. Prasad (Retired employee.) 01 July 2021
If the mother is legally divorced or living independently within the community of those belonging to them, there is no such bar It is left to individuals to select the religion, but the caste is different. The caste system prevails only in the Hindu religion.. To claim the caste of mother, the child should have been brought up my mother, widow/divorced and the foremost consideration is as to whether the child was raised in the surroundings of his own community members. Most of the mothers who married upper-caste males and want that their children should get reservations belonging to the mother's caste (SC/ST/BC). It is the discretion of the Tehsildar that should make inquiries and should issue such certificates. Once, that certificate was given, only a court can cancel such certificate given by the empowered official. Rohit Vemula case and other past cases are available on google and search the SC's verdict for more details. There are many instances where persons filed atrocity's cases on opponents and when the police visited their house it came to their attention that the complainant always followed only Christian religion, as observed by Police like naming their house as Jesus Gift, worshipping cross, posters belonging to the Christian religion, attending to Churches, bibles, hanging of cross in their necks, etc., The issue is controversial as they avail reservation and state to society that they are Christians, where there are no castes in that religion.
P. Venu (Advocate) 01 July 2021
You have npt posted the material facts highlighting the real problem, if any.
T. Kalaiselvan, Advocate (Advocate) 02 July 2021
The child can choose the community of the either of the parent.
Children of inter-caste couple can get the community certificate mentioning the caste of either of their parents, the State Government has said.
“The children born out of marriage between parents of two different castes shall be considered to belong to either the caste of the father or the caste of the mother based on the declaration of the parent/s,” said a Government Order of February 9 issued by the Backward Classes, Most Backward Classes and Minorities Welfare Department.
The latest decision follows requests received by the government to issue community certificates to children born of inter-caste marriages “based on the caste of either the father or the mother”.
The government has instructed the authorities in the Revenue Department to issue appropriate “Community Certificates” to such children according to their eligibility, by virtue of belonging to such a caste, “based on the declaration of the parent/s”.
The Commissioner of Revenue Administration shall issue suitable instructions to the Community Certificate issuing authorities to follow this.
The declaration in respect of one child will apply to all children in the family.
Megha 19 January 2022
India, being a patriarchal society, favors paternal lineage. Years of social practice of adopting a father's surname, caste has deemed that a child will always known by his/ her father's caste. This has also been observed by various courts; one of them being in the case of Kendriya Vidyalaya Sangathan vs Shanti Acharya Sisingi wherein the Delhi High Court's observation was:
"III The offshoot of wedlock between Scheduled Caste/Scheduled Tribe male and a female belonging to forward community can claim Scheduled Caste/Scheduled Tribe status for Indian society is patriarchal society where the child acquires the caste of his father."
But with changing times, this position was challenged various times and finally, the Supreme Court in the case of Rameshbhai Dabhai Naika vs State Of Gujarat & Ors held that a child can use his/ her mother's caste/ tribe if the child was raised by the mother as a member of her community.