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  • Category: Family & Life

    I am a brahmin married to Mudiraj boy


    Have a query about changing caste of children in an intercaste marriage? Searching for guidance here? Scroll through this page and understand the detailed procedure of changing the caste.

    I am a brahmin girl married to a Mudiraj boy. It was a love marriage.I have two kids, aged 9 and 6, a boy and a girl. For some reason, I want to move to my original caste Brahmin. I don't want any reservation for my kids as we both are in good jobs and it's okay. I want to know the legal procedure as I don't want my kids to face problem in future.

    I have also told my husband about it and are together on it. Please advice. The reason is my non adaptability to the cultural barriers and many more reasons.
  • #149220
    You have to create a congenial climate conducive to their right growth so they ultimately become sensible citizens with the best quality of education. You parents are solely responsible for their normal growth. A sense of responsibility, to understand the root cause of the problems and and the ways - how to tackle such problems are the crucial issues with which they will be familiar with your motivation and guidance.
    All the kids are the sensative observers and they minutely watch their parents and ultimately follow the paths as guided by them. You have to enthuse the feeling of sense - confidence within them so they can overcome the obstacles coming in their ways in future. Bringing up your children in such way would add to your joy when they grow up since they would lead a successful life.
    Does not matter much if you seek the reservation for them or not. This can be decided with the mutual consent of your husband but you have to nurture them with a right kind education in a congenial atmosphere.

  • #149230
    There is no necessity of converting to Brahmins for not claiming reservation. When you apply for the course if you are not attaching your caste certificate and not mentioning about the caste automatically your kid's applications will go to general seats only.
    Another important issue is their discipline, attitude and habits will depend more on how you are bringing them up. From the beginning, if you train them, nurture them and mentor them with the best habits and the ethics of life they will become the good citizens. You need not worry about the caste. The food habits completely depend on the way you habituate them from the beginning.

    drrao
    always confident

  • #149235
    My answer is as follows:-

    (a) It is a wrong conception/perception that after marriage, your caste is changed. Government officials will still treat you as a Brahmin only. So, there is no issue relating to your caste. You cannot seek caste-based benefits for your own self by virtue of your marriage.
    (b) So far as your son and daughter are concerned, if both of you don't want to seek the benefit of caste-based reservation/ benefits anywhere, don't write anything in caste column. If anybody doesn't indicate that he/she belongs to Scheduled Caste or Scheduled Tribe or Other Backward Community, there is no question of availing benefits arising out of father's caste.

    I think I have made the rule position clear.

    Beware! I question everything and everybody.

  • #149244
    Thank you sirs for responding. It is not only about reservation in education, I also want my surname and caste(Brahmin) for kids. Please suggest legal procedure. Reasons are personal.

    My husband has given his consent. I don't want my kids to face any problem further due to change from BC-D to Brahmin legally.

  • #149248
    In this era, you need not think about any such things of caste, religion, etc. What matters is our qualification and values which we follow in our life. None has right to cause any difficulty to us just for the sake of the caste or religion. Please try to understand this .It doesn't really matter.

    If you still wish to change your kids name, you can approach any advocate/notary to find out the exact procedure to do so.

  • #149251
    You will get the reservation etc only if you apply for that or apply under such reserved posts/facilities. If you have the wherewithal to carry on and give good education and other support to your children without going for reservation, you have the choice for it.

    Wherever the 'category' is to be chosen and ticked, you may go for the 'General' category.

    However I suggest that both you, your husband and(if your children can understand, they too) sit and calmly decide on the matter taking all its dimensions. That is because, at a later date , your children should not feel that you have created some disadvantage for them by depriving them of their 'legally permitted' advantages and privileges.
    So what you can do now is, not to withdraw any categorisation advantageous t your children, but voluntary decide not to ask for it as far as possible.

  • #149252
    Thank you sir and madam,
    I understand the points mentioned above.. but,
    I'm really surprised by the way people are thinking of backward classes, I thus want to get children out of that tag. Also, when I'm not backward , why should I stick to it? Just coz my husband is BC, its making no sense to me as I want my kids to get rid of the backward feeling through the surname...it's am individuals choice ...in India it could be taken seriously..

    Everyone have their own choice, as many want reservation legally ( though they are earning more than 8 -10 lakhs or may be more)

    Children should definitely not think that they are deprived of their rights, but I'm only concerned that their surname change now in the middle of school and caste should not create any legal problems for them in future.

  • #149261
    I appreciate your noble gestures and cosmopolitan mindset.

    If your husband is agreeing then you need not to claim any caste benefit for your children. This does not require any formality from your side as you simply do not claim it in various application forms to be filled in respect of your children in future.

    If you are not taking any benefit of your backward caste then you, your spouse and your children will be treated as general category for all practical purposes.

    Regarding the surname, it is a choice and you can keep whatever you like but it should be consistent. If you want to change surname of your children at this juncture then you will have to go for the legal affidavit and in this regard, you will have to consult a lawyer.

    Knowledge is power.

  • #149262
    Your query has three important sub-questions. These need legal clarifications and not emotional views.

    A.Non-claiming of reservation tag.

    The reservation quota or BC tag is not mandatory to be taken. It is allocated provided the individual applies for it with adequate proof. This issue will crop up only if the adults or children enter the caste column as BC or SC or ST.
    So, please check with the school admission forms, have you or your husband entered the caste section or just mentioned GM.
    You can bring up the child in whatever religion or caste-based traditions or rituals who believe or prefer.

    B.Carrying surname of Brahmin caste
    Generally, names have first name and surname OR first, middle, last name. Often surname would be that of the father's name given by parents be it, boy or girl. So, your children would not have Master X Swati or Miss Y Swati. I'm sure you would have entered your husband's name as their surnames. So, if you want the children to have your surname, then it would involve a formal name change. Please discuss this with a good civil lawyer who is good in intercaste inheritances and rules.

    C.Inheriting mother's caste.
    In general, the children carry the caste which is that of the father. There are many court rulings that are individualized.
    Marriage does not change the caste of the adults involved but can change the caste of the children based on how they are brought up.
    In Inter-caste marriages, the legal view would be that children should be given the right to decide on the caste after they turn 18 until then parents decide.

    I'm not allowed to give links directly, please check these three reports that relate to upper caste and lower caste unions and it's relevance on children.
    1(http://www.wbja.nic.in/wbja_adm/files/In%20an%20inter-caste%20marriage%20or%20a%20marriage%20between%20a%20tribal%20and%20non-tribal%20there%20may%20be%20presumption%20that%20the%20child%20has%20the%20caste%20of%20the%20father.%20But%20by%20no%20means%20the%20presunption%20is%20conclusive%20or%20irrebuttable%20..pdf)
    2.(https://timesofindia.indiatimes.com/india/SC-gives-mothers-ST-status-to-a-Kshatriyas-son/articleshow/11546444.cms).
    3.(http://www.livelaw.in/caste-child-born-inter-caste-couple-depend-upon-circumstances-child-brought-ap-hc/).

    So, I would suggest, please have a serious discussion and then contact a good lawyer who can help you out. Also, please check on the impact of your decision for the Proof of Identity documents that you and children have. In my view, point A in my answer will not matter much but point B and C will need a good legal eye to guide you appropriately. Also please check the impact of your decision, if some blood relative of your husband files a case for a share in the properties that you both currently have.

  • #149293
    There are very few people who do not take advantage of their backward caste for making their careers.

    You need not to take any action from your side if you do not want to take caste based advantages for yourself or your children. Simply do not mention it in application or other data input forms.

    If someone wants to remove the surname which is indicative of a caste then one has to go for legal affidavit for change in name and advertise in paper also as per the laid down procedure. Another thing which could have been done is right from the birth certificate or school admission time the name to be kept without the said surname.

    Thoughts exchanged is knowledge gained.

  • #149320
    According to your query and the discussions that you have done in this regard clearly states that you don't want your children to face all backward stages. Now coming to your problem. Suppose if you have changed your caste legally and birth certificate of your children are having the same caste mentioned as of your husband then very difficult to change legally. In this regard, I may suggest you some point, you can opt whichever is comfortable for you
    1) Change your caste even husband's which is a lengthy process. For this, you need to meet a legal advisor, for proper documentation.
    2) You can do a caste affidavit of your children and advertise it in few newspapers as per their rule and get a caste certificate which you prefer.
    3) If you want to opt none of the above cases then you can always opt forGM category in all forms which never matters because an opting seat is only for the sake of seat concession and even percentage consideration. If you don't want to go for a reservation then you can opt another category that will never make an issue.
    4) Last option just meet a legal advisor in this regard for proper legal guidance and get your documentation corrected as per your wish.
    But I wish to say that it won't be a serious problem until you opt for it. Generally, father's caste will be always considered and it's better if you don't want for concession they will naturally consider as GM.

  • #149372
    Thank you all for understanding me with such an open mind and clearing my doubts, it is difficult to choose the best answer from above, so I will not.

    The responses are so broad that now I know what I have to do and the correct approach.

    I wish to contact a best lawyer in Hyderabad , meet personally and inform my experience here for future course of action.

    I thank you sir and madam for taking out time and answering my query so elaborately, Shankar, Srinivas,Partha,Venkateshwaran, Umesh,Natarajan,Neeru,Sadhik sir & Neeru and Mamta mam.

    Regards
    Swati (name changed)

  • #149386
    Hi Swati,
    1. In my experience I have someone I know who also in same boat but due to different reason ( Divorced mother). She is currently opt and chose putting her surname in school. Othewise choose to put only childname and father name/Mother name and exclude surname for going on school admissions. Basically no surname at all.

    2. For your caste issue, you are still Brahmin as long as your are not converted and took caste validity through your spouse. And as per Indian law you kids have right to choose their faith if parents are different caste. So upbringing is most important. Still if both parents have consent then there should be issue legally as well to turn their caste. Please just with good family advocate.

    Just for thought
    People needs to understand first their religion first and then caste. There are more religion conversions than caste so have faith in your upbringing then into caste.

    Avi
    Life Is Beautiful


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