Cast certificate as per mother cast

921 votes

As per Indian law, especially guidelines issued by the Supreme Court and various State Governments, the caste of a child born out of an inter-caste marriage is generally determined by the caste of the father. This has been the traditional norm, based on patrilineal customs. However, the Supreme Court of India, in the landmark case of Rameshbhai Dabhai Naika v. State of Gujarat (2012), clarified that the caste of a child from an inter-caste marriage can be determined by several factors, including the child’s upbringing, acceptance by the community, and lived reality. The Court held that if the child is brought up in the mother's caste community and faces the same social disadvantages, then they may be eligible to claim the mother's caste. Therefore, caste certificate can be issued based on the mother's caste too, provided proper evidence is submitted and social conditions are verified. Hence, it is not entirely discriminatory, but the onus lies on the applicant to establish that the child identifies with and is accepted by the mother's caste community. Gender equality concerns are real, and some progressive High Court judgments and government guidelines have started acknowledging this. But the implementation still varies from state to state.

Advocate Bibha Boro LawRato