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Sunil Kumar (IT)     20 April 2021

Mother's caste to child

Can a child can have mother's caste instead of fathers ?



 10 Replies

Ankur Mishra   20 April 2021

their is no specific provision...

Sankaranarayanan (Advocate)     20 April 2021

yes there is no such provision  as stated by Mr Mishara

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     20 April 2021

Originally posted by : Sunil Kumar
Can a child can have mother's caste instead of fathers ?

 

1.  Are you asking that Child will not be given Father's Surname  .OR.  you wish to have surname of Father and Caste of Mother, for some Govt. doled out benefits.

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

kavksatyanarayana (subregistrar/supdt.(retired))     20 April 2021

I opine father's caste will be the child's caste.

aditi   21 April 2021

respected sir,

Bombay High Court has held that children from intercaste marriage can take their mother's caste. “Patriarchy is a social system that prevails in major part of India. Our society has not adopted matriarchal society, including the matrilineal system. But, now winds of change have arrived,” said a bench of Justices Sunil Shukre and Pushpa Ganediwala.

However, Delhi High Court  held that if the mother belongs to a particular tribe or community, the child can inherit the caste if established if he/she was brought up by the mother and faced all the disadvantages of that community.

regards

2 Like

Dr J C Vashista (Lawyer)     21 April 2021

Originally posted by : aditi
respected sir,

Bombay High Court has held that children from intercaste marriage can take their mother's caste. “Patriarchy is a social system that prevails in major part of India. Our society has not adopted matriarchal society, including the matrilineal system. But, now winds of change have arrived,” said a bench of Justices Sunil Shukre and Pushpa Ganediwala.

However, Delhi High Court  held that if the mother belongs to a particular tribe or community, the child can inherit the caste if established if he/she was brought up by the mother and faced all the disadvantages of that community.

regards

Dear Ms. Aditi,

Could you please mention citation to substantiate your response ?

Thanks

Best wishes 

Sunil Kumar (IT)     21 April 2021

Does that apply in Karnataka ?

P. Venu (Advocate)     21 April 2021

The query is too sketchy. As suggested by learned expert, Mr. Hemant Agarwal has suggested the issue could be understood in the context of the surname of the child of the inter-caste marriage or in the context of eligibility for benefits extended by the Government.

In respect of surname, it is a matter of choice: the child even has option to have no surname at all, or even a surname other than that of the father and mother (if at all they have surname).

As regards to benefit of reservation etc. the child, generally, takes up the caste of the father. But the situation could be different if the child was brought up in the mother's community. The principle in this context has been laid down by the Supreme Court in the case of  Rameshbhai Dabhai Naika v. State of Gujarat:

"43. In view of the analysis of the earlier decisions and the discussion made above, the legal position that seems to emerge is that in an inter-caste marriage or a marriage between a tribal and a non-tribal the determination of the caste of the offspring is essentially a question of fact to be decided on the basis of the facts adduced in each case. The determination of caste of a person born of an inter-caste marriage or a marriage between a tribal and a non-tribal cannot be determined in complete disregard of attending facts of the case. In an inter- caste marriage or a marriage between a tribal and a non-tribal there may be a presumption that the child has the caste of the father. This presumption may be stronger in the case where in the inter-caste marriage or a marriage between a tribal and a non-tribal the husband belongs to a forward caste. But by no means the presumption is conclusive or irrebuttable and it is open to the child of such marriage to lead evidence to show that he/she was brought up by the mother who belonged to the scheduled caste/scheduled tribe. By virtue of being the son of a forward caste father he did not have any advantageous start in life but on the contrary suffered the deprivations, indignities, humilities and handicaps like any other member of the community to which his/her mother belonged. Additionally, that he was always treated a member of the community to which her mother belonged not only by that community but by people outside the community as well."

1 Like

Sunil Kumar (IT)     23 April 2021

Thanks for the responses Experts.

I, father belong to schedule caste, I married an upper caste girl. I have a son. 

I dont want to pass my SC caste to my next generation. (I know the pain the being an SC and going through caste discrimination). I dont want to claim any reservation benefits. 

So can my son have the caste of my wife ? 

How to handle this case ?

P. Venu (Advocate)     23 April 2021

Why mother's caste?  There is always the option to be casteless.


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