Tuesday, December 6, 2022

Marriage has no bearing on grant of caste certificate: Kerala High Court

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The Kerala High Court has observed that getting married to a person from another community cannot have a bearing on the grant of caste certificate, as the same is decided on the basis of her birth in the said community.

A Single-Judge Bench of Justice Raja Vijayaraghaan passed the order on a writ petition filed by a Scheduled Caste woman, who was rejected a caste certificate on the basis of her marriage to a man belonging to the Christian community.

The Bench noted that the Presidential notification issued under Article 341 shows that members of the Hindu-Kuravan community are entitled to be treated as Scheduled Caste. Since the woman hailed from the Hindu-Kuravan community, she is entitles to the caste certificate.

It further said the Ministry of Home Affairs had issued a Circular on May 2, 1975, laying down the guidelines for issuing caste certificates, which said a person who is a member of a Scheduled Caste or a Scheduled Tribe would continue to be a member of a Scheduled Caste or Scheduled Tribe, as the case may be, even after his or her marriage with a person who does not belong to a Scheduled Caste or Scheduled Tribe.

The Bench further took into account Article 341(1), which provided additional protection to the members of the Scheduled Caste having regard to the economical and educational backwardness from which they suffer.

The Court disposed of the writ petition directing the Tahsildar and Village Officer to consider the petitioner’s request for caste certificate.

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