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  • Category: Marriage

    Intercaste marriage and child caste relation


    Have a query about the child's caste if both parents are from reserved caste? Looking out for the procedure to get caste certificate here? Here, on this page get answers to your questions.

    Can child be reserved caste if mother belongs to reserved caste while father belongs to scheduled caste if both willing to agree?
    They both related to Telangana state.
    If yes what is the procedure to get caste certificate?
    Can you respond immediately?
  • #152091
    According to Indian rule the caste of a child depends on the caste of his/her father. Though the mother has the reserve caste it will not effect the child's caste. Because after marriage the mother will be considered as from the same caste of his husband.
    So the child's caste will be same as to his/her father's caste.

  • #152095
    It all depends on the circumstances. In your case mother is reserved category and father are also from SC. As such it makes no difference I see. SC is also a reserved category. So what is the benefit you get out of it I am not clear?
    By Indian legal ways, the cast of the father is given to the child. If the mother is separated legally or is a separate identity then the child could be given the mother's caste.
    In some cases, the courts have given a verdict accepting the child taking the caste of the mother as acceptable based on the conditions and the way he was brought up.

    drrao
    always confident

  • #152097
    A. In India, when it comes to the legal status of the caste of a child born out of an inter-caste marriage, traditionally the child takes up the caste of the father.

    The are a few court rulings in India, which state that the circumstances under which the child is brought up also influences the caste to which the child belongs.

    For instance, if the father belongs to a foward caste and the mother belongs to a SC or a reserved group, then the mother can prove that she has brought up the child as per the norms of her community for the past so many years and then claim the reservation caste status (the mother's caste) for the child.

    (http://www.supremecourtcases.com/index2.php?option=com_content&itemid=99999999&do_pdf=1&id=23868)
    (https://www.indiatoday.in/india/north/story/reservation-upbringing-inter-caste-marriages-supreme-court-90151-2012-01-19)
    (https://www.thehindu.com/todays-paper/tp-national/inter-caste-child-can-get-st-status-if-raised-in-mothers-tribal-environs/article13376616.ece).

    B.Can child be reserved caste if mother belongs to reserved caste while father belongs to scheduled caste if both willing to agree?
    Yes, you need to ensure that you have enough evidence that the child is brought up by the mother as per her reserved caste customs and practices.

    C. If yes what is the procedure to get caste certificate?
    Meet the registrar of births in the municipal office/thasildhar that has jurisdiction over your home locality. You would need the birth certificate of the child.

    If you don't have it, this is the form for birth certificate application in Telengana
    (http://tg.meeseva.gov.in/DeptPortal/Application%20Forms/CDMA/CDMA%20APPLICATION%20FOR%20BIRTH%20CERTIFICATE.pdf).

    For the caste certificate (http://tg.meeseva.gov.in/DeptPortal/Application%20Forms/REVENUE/Community%20and%20Date%20of%20Birth%20Certificate%20relating%20to%20Scheduled%20Castes%20and%20Back%20ward%20Classes(II-A).pdf)


    D. Lastly, If you face any opposition or the request is rejected, then you need to seek the services of a good lawyer as some officials may stick to the old tradition which is not a mandatory norm ( child taking the caste of the father). If approaching the court, please state your reasons clearly and the past rulings related to this, you should get a favorable response.

  • #152103
    In an inter-caste marriage there may be assumption that the child has the caste of his father. This assumption may be powerful in the case where in the inter-caste marriage. By no way the assumption is definite and it is open to the child of this inter-caste marriage to point indication to exhibit that he/she was raised up by the mother who exist to the ST/SC. To apply for caste certificate buy caste application form and fill it. Document required to submit caste application form are :
    1. Ration card
    2. Aadhaar card
    3. Academic certificates

    submit it to tahsil or in any E-mitra center

    You can take a help of familiar lawyer if you found any problem to get caste certificate.

  • #152108
    Though there is a general acceptance in the society that the birth of a child taking place as a result of Union of a couple having two different castes, the child is entitled to enjoy the caste of his father. However, the situation would be different if the mother of the child claims that the child was brought up under her guardianship while father was posted in a remote place and schooling or similar facilities in that region was not possible. In that case, the mother being a caste of SC/ ST may approach a lawyer along with the caste - form so that a suitable affidavit could be made in this regard by the civil - court. The application - form along with Aadhar - card, Caste - certificate of the mother may be enclosed in support of proof.

  • #152109
    In this case their is no problem because if father is also under reserved category being SC then the child gets the reserved category automatically as per the existing regulations in the matter.

    In case, father is not under the reserved category, the child can get the advantage of mother's status by submitting an legal affidavit in the court along with supporting document that the child was brought up by the mother and now deserves to belong to same status as regards to reservation, as his mother enjoyed.

    This may require help from a lawyer also as there are legal intricacies in the matter and affidavits and applications to be submitted in the court and registrar office should be legally complete in all the respect not leaving any scope for ambiguity.

    Knowledge is power.

  • #152119
    1. ".....if mother belongs to reserved caste"---------------------What does it mean? Is the mother a caste Hindu or from any other religion? If the father of the child/children belong(s) to Scheduled Caste, then normally, the children would belong to that Scheduled Caste, unless the mother objects.

    2, If the father wants to get caste certificate in respect of his child/children, he is required to apply in prescribed proforma to the office of the District Magistrate. If the father encloses the copy of his own caste certificate, then the children's caste certificate would be issued without much difficulty.

    Non-violence is the greatest Dharma; So too is all righteous violence.


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