archana shankar 09 July 2020

Mothers caste for sc child

Dear All,

I am a mother of 2 children and belong to scheduled caste and my husband is Brahmin and does not stay with us but not divorced.

i am taking care of my children thir birth in my mothes house. Now they are 11 and i need make a caste certificate fo them. Since they are bought up by me in my caste and follow my customs , can i apply for caste certificate under my caste Scheduled caste.

If yes please let me know how to proceed.

Thankyou

Reply Follow

4 Replies

Adv Keches Shilwante (Partner @ Legal Biceps) 09 July 2020

TYes...Delhi High Court held that a child can inherit the caste of a mother who belongs to a notified community or tribe if it is established that the child was brought up by the mother and that he/she suffered all the disadvantages faced by that community.

Also Nagpur Bench of Bombay High court allowed daugther to use caste of her mother.

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(Guest)

Mam,

YES. Children born to inter caste marriages have the option to choose from their mother’s or father’s caste. As you stated they are brought up by you as per your customs, environment etc then they for all purposes can have a SC certificate. Apply before the requisite authority.

Regards,

Abhishek Tiwari