How can a child get mother cast How can a child get mother cast

9 months ago

If a child born to mother have BC-C cast and father have sc can child get mother cast ?

Anik

Responded 9 months ago

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A.Dear client,

The caste of a child is generally determined by the caste of their parents, particularly the father, as per the prevailing caste system in India. In the situation you mentioned, where the mother belongs to the BC-C caste and the father belongs to the SC caste, the child's caste would typically be determined based on the father's caste, which is SC.

However, it's important to note that the determination of caste can vary depending on various factors, including state-specific laws, government policies, and court judgments. Some states in India have provisions for inter-caste marriages and the inclusion of both parents' castes in certain cases. Additionally, legal developments and specific circumstances may also influence the determination of caste in certain situations.

To obtain accurate information regarding the specific laws and regulations in your state and the impact on the caste determination of a child, it is advisable to consult with a legal professional who specializes in family and caste-related matters. They will be able to provide you with guidance based on the laws and regulations applicable in your specific jurisdiction.
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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 9 months ago

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A.Dear Client,
The Madras High Court in year 2009 in a petition claiming caste of a child born out of intercaste marriage ruled that children born to one SC and one non-SC parent could be counted as belonging to either community. The HC's decision follows requests received by the government to issue community certificates to children born of inter-caste marriages “based on the caste of either the father or the mother”. When a woman born in a scheduled caste or a scheduled tribe or OBC community marries to a person belonging to a forward caste, her caste by birth does not change by virtue of the marriage. Citing the above ruling of HC, you can apply to the competent authority for the issue of a caste certificate in respect of a child following the caste of his or her mother. But the maximum Court order says that Child will bear the cast of the father.
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