• Community certificate

I belong to hindu brahmin community and i got married to hindu s/c community girl in 2006. we have a son aged 8 years and we have admitted him school as Forward caste (Hindu-Brahmin) and he is in 2nd standard now. However is it possible for my son to get a community certificate as schedule caste with his mother being s/c community.
Asked 2 years ago in Family Law from Chennai, Tamil Nadu
Religion: Hindu
Why do you want SC certificate? No you'll not get it.
Rajni Sinha
Advocate, Mumbai
273 Answers
25 Consultations
4.8 on 5.0
Contact a lawyer personally in your area or contact tahsildar or SDM of your area
Nadeem Qureshi
Advocate, New Delhi
3536 Answers
130 Consultations
4.9 on 5.0
Sorry, in the present scenario the son will get your caste only.
Had your wife separated from you and the son was brought up solely by his mother only then he could have applied for caste certificate of his mother
Devajyoti Barman
Advocate, Kolkata
5229 Answers
54 Consultations
4.9 on 5.0
if your son has been brought by his mother ie your wife as scheduled tribe then your child can be granted Sc certificate . 

The SC held , "It also needs to be considered how far it would be proper to invoke the customary Hindu law to alter the caste status of a woman in an inter-caste marriage or a marriage between a tribal and a non-tribal and to assign the woman the caste of her husband when such a marriage may itself be in complete breach of the Hindu customary law." 

It said there was a general presumption in inter-caste and tribal-non-tribal marriages to assign caste and tribe status of the father to the children, especially when the father belonged to upper caste or was a non-tribal. 

"By no means is the presumption conclusive or irrefutable and it is open to the child from such marriage to lead evidence to show that he/she was brought up by the mother who belonged to the Scheduled Caste/Scheduled Tribe," it said. 

In such cases, despite being born to a upper caste father, the child did not have an advantageous start in life and continued to suffer the deprivations, humilities and handicaps like any other community to which his mother belonged, it said.
Ajay Sethi
Advocate, Mumbai
23296 Answers
1220 Consultations
5.0 on 5.0
I am quoting a SC judgment to your question. "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.   In the case in hand the tribal certificate has been taken away from the appellant without adverting to any evidences and on  the  sole  ground   that   he  was  the  son  of  a  Kshatriya father. The   orders   passed   by   the   High   Court   and   the   Scrutiny Committee, therefore, cannot be sustained. The orders passed by the High Court and the Scrutiny Committee are, accordingly, set aside and the case is remitted to the Scrutiny Committee to take a fresh decision on the basis of  the evidences that might be   led   by   the   two   sides. "
The above mentioned decisions of the Hon'ble Supreme Court of India provide the answers to your question.
Shashidhar S. Sastry
Advocate, Bangalore
1242 Answers
59 Consultations
5.0 on 5.0
No. Son acquires the caste of his father only, not mother.
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
232 Consultations
5.0 on 5.0
Son cannot acquire the caste of his mother.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0

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