ILEGETIMATE CHILDREN CASTE WHEN MOTHER FROM ST AND FATHER FROM FORWARD CASTE
2 years ago
woman from st and man from general caste then what will the caste of the children when children living with their mother?
man is qualified.he didnot give his name to the children and made second marriage.the first wife didn't oppose for that she was orphan.nobody had there to guide her.with his clever mind he never left them alone and never gave a chance to allow someone among their matter. both were then doing their respective govt. job.Before get a job both had a child also.Now question is being arise that from the the childhood the child didn't get his father's original name where so much time argued with his father.From his childhood that child has been count st with his mother's name but still he can't know why his father did this?now child got govt job also.Situation is that now father playing game with this family to spoil their life indirectly do criminal activities.where child wants to protect him but due to lack of evidence and mother is deny to cooperate with him due to fearness bcoz their l job may be loss if they proved that the child is general then they may be in problem.now it is became 40yrs.can it possible to fight for right for get their respect which has been suffering from for a long period.if it is prove that the child from general due to his father is general but another side child has been living with his mother also.Father's familhy never accepted them.so the mother and the children were living out side .now the child wants what he will do for get his right.child fearing that if he is get prove that he is a general then he may lose his job.so kindly guide what should do?
Dr Prakash J Madyal
Responded 2 years ago
The Bihar government has said in the past that the children of an SC mother and a non-SC father would be counted as SC. Kerala held for decades that children could be counted as SC or Scheduled Tribe (ST) if either parent was from one of those categories. The children born out of marriage between parents of two different castes shall be considered to belong to either the caste of the father or the caste of the mother based on the declaration of the parent.
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
Under such circumstances, the caste of the children will be dependent upon his upbringing. Since, the child was born and brought up by his mother, then the child will be considered from his mother's caste. You have to prove that the child was brought up following the customs of the ST caste.
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Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
The Hon'ble Supreme Court of India has ruling in this regard(and it has been adopted by Bombay High Court's Nagpur Bench, Kerala High Court etc) that “ The child can take the caste-identity of either parent. Generally, there is a presumption in favour of the father's caste. The issue only arises where the child wants to get benefit of reservation in case of inter-caste marriages. There again, the child can take the mother's caste and avail reservation,” However, the onus is on the child to prove that he was brought up according to the customs of the caste if the status is challenged. If it is challenged, it may have to be shown that the child was brought up and raised according to the mother's community and therefore had suffered the hardship attached to the lower caste.
The caste of the child always goes as per the customs under which such child was grown up. If child is influenced by ST category customs then she will get such certificate.
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