zyxcab
22 December 2014 at 19:32
This is not a post for academic discussion. This is a current, critical situation and pertains to me and hence the query. I request an answer from any of the experts, as they may wish to. Thanks in advance.
This post is regarding a single/unmarried individual wanting to remove all CASTE identities, officially from all records.
Questions in order of priority as below :
1. There are many practical scenarios where the rights in the constitution (free to practice any religion or follow none, state - OC across caste) may not be of much or enough help to the individual.
When parents/family of the single, unmarried bachelor individual try to force or thrust upon him a within-caste arranged marriage despite the individual believing/practising that he has NO CASTE, no amount of arguments or convincing might suffice. In extreme cases, parents/family go to the extent of - threats, blackmails, house arrests, honour killing, etc. In such a case, a mere quoting of constitutional rights is not of much defence/help to the individual. As a preventive measure/as a first line of defence/as a practical and specific proof, is there some other way, the individual, can legally prove that - he, at this point of time in his life (say 28 or 29 years of age, single/unmarried bachelor) does not belong to any particular caste or religion ? I read in another forum that - swearing to an affidavit in front of a Notary is one such way. Do, let me know the legal standing of the same. Are there other ways - better or stronger ?
2. Is there a way to override/update past records like School Leaving Certificate, College TC now (to religion - humanism, caste - other/general/nil/blank)??
Or is some proof at this point of time as stated in point 1. above enough for lifetime? In this case, is there a possibility of they/any party dragging my old certificates and claiming that I STILL do belong to - caste/religion ?
3. An individual who does not want to avail of any reservation benefits in any realm of life throughout his life, can keep quoting - OTHER / GENERAL, whenever there is a CASTE / COMMUNITY column in forms or records.
Can they quote - NIL or BLANK instead of OTHER/GENERAL, across these columns (because Other / General may indicate Forward Caste/Community. While NIL or BLANK - would keep the individual 100% neutral of all caste identities including Forward caste) Is there any difference or the effect is the same ?
4. As quoted by an expert on another post - SO YOU ARE FREE TO PRACTICE ANY RELIGION KNOWN OR CAN EVEN EVOLVE A NEW ONE. So, I infer that an individual can keep quoting (for eg) - HUMANISM (self-evolved or self-believed one, not popular or in text or widely known) in RELIGION column in all certificates and all authorities should be fine with it. right?
Thanks in advance for your patience and efforts.
zyxcab
22 December 2014 at 18:58
This post is regarding a single/unmarried individual wanting to remove all CASTE identities, officially from all records.
I have read other relevant posts and replies on this very topic. Below is the gist of all of them (experts - do correct them wherever necessary) , with my questions appended at the end of each point.
1. A person's caste, as imposed/awarded to him on his birth cannot be changed or removed. There is no provision to change/remove it legally/officially from all his records. (inter caste marriage - has certain cases, but the scope of my query here is pertaining to an individual. lets say - a bachelor.). eg: A person cannot change his CASTE to - HUMANITY or to any other existing CASTE as present in the government list/records.
2. Officials or any authority cannot force an individual to declare their caste in any government or other official records. Only in case an individual wants to avail of reservation benefits in education/employment, they would have to cite their caste/community certificate which would indicate that they belong to OBC, SC, ST, etc. An individual who does not want to avail of any such benefits in any realm of life throughout his life, can keep quoting - OTHER / GENERAL, whenever there is a CASTE / COMMUNITY column in forms or records.
Can they quote - NIL or BLANK in stead of OTHER/GENERAL, across these columns (because Other / General may indicate Forward Caste/Community. While NIL or BLANK - would keep the individual 100% neutral of all caste identities including Forward caste) Is their any difference or the effect is the same ?
3. India is a "secular" democratic republic. The constitution awards every Indian citizen the right to practice any religion of his/her choice, as per their conscience or beliefs. As quoted by an expert on another post - SO YOU ARE FREE TO PRACTICE ANY RELIGION KNOWN OR CAN EVEN EVOLVE A NEW ONE. So, I infer that an individual can keep quoting (for eg) - HUMANISM (self-evolved or self-believed one, not popular or in text or widely known) in RELIGION column in all certificates and all authorities should be fine with it. right?
4. w.r.t points - 2 and 3 above, is there some form of solid, strong LEGAL way of putting it on record ? I gather from other posts across the forum (as mentioned in points 1 and 2) that, there seems no direct provision for caste change/removal. And the constitution awards every citizen the rights to practice any religion of their choice, beliefs or conscience, including the right to not follow any religion.
But there are many practical scenarios where these rights in the constitution may not be of much or enough help to the individual.
When parents/family of the single, unmarried bachelor individual try to force or thrust upon him a within-caste arranged marriage despite the individual believing/practising that he has NO CASTE, no amount of arguments or convincing might suffice. In extreme cases, parents/family go to the extent of - threats, blackmails, house arrests, honour killing, etc. In such a case, a mere quoting of constitutional rights is not of much defence/help to the individual (before taking to law, etc). As a preventive measure/as a first line of defence/as a practical and specific proof, is there some other way, the individual, can legally prove that - he, at this point of time in his life (say 28 or 29 years of age, single/unmarried bachelor) does not belong to any particular caste or religion ? I read in another forum that - swearing to an affidavit in front of a Notary is one such way. Do, let me know the legal standing of the same. Are there other ways - better or stronger ?
5. w.r.t points - 2 and 3 above,
In all forms that I fill here onwards - I may quote, CASTE - OTHER/GENERAL/NIL/BLANK && RELIGION - HUMANISM. (awaiting confirmation from the experts)
Forms or certificates from the past - I currently dont have my birth certificate or community/caste certificate in hand. But I have all other certificates - X, XII mark sheets, School Leaving Certificate (SLC), UG degree certificate, UG College Transfer Certificate (TC), PG degree certificate.
Out of these, the SLC and TC have religion and caste quoted.
My School Leaving Certificate (SLC) has religion - HINDU, caste - cited in it. Community section (MBC/SC/ST, etc) has been left blank as none of them were applicable.
And my under graduate college Transfer Certificate (TC) has religion - HINDU, Community & Sub-caste - OC (Other caste/Other community) cited in it.
Is there a way to override/update these records now (to religion - humanism, caste - other/general/nil/blank)??
Or is some proof at this point of time as stated in point 4. enough for lifetime? In this case, is there a possibility of they/any party dragging my old certificates and claiming that I STILL do belong to - caste/religion ?
6. In the future, if this individual (religion - humanism, caste - other/general/nil/blank) goes onto marry a girl who belongs to lets say, 'x' religion and 'y' caste. What would happen to the girl's religion and caste, post their marriage?
I read in another post that, children born to parents who married inter-caste, have the choice of religion/caste of any 1 of the 2 parents. So, can the child directly start with the father's religion - humanism, caste - other/general/nil/blank? Assume child does not want to avail of any educational/employment benefits forever. so, this would be a valid option right? Any other practical issues of a child growing up with such a record, in India?
This has been a pretty elaborate question with specific details. That's because, I have tried to provide as much information as possible to answer my queries. The forums, posts and legal experts' expertise have been extremely beneficial and in faith of the same, have I posted this question here, explaining my exact situation. I await practical, specific answers from the experts. If the expert or anyone else, feels the question to be too long, they may choose to answer specific or partial questions in the points above. Any help is much welcome. Thanks in advance for your patience and efforts.
sharmistha
19 December 2014 at 14:46
A registered society under Society Registration Act, 1960 declares the date of election, out of the 19 members 17 declared elected unopposed, 2 posts have to elected, suddenly some persons filed a suit for permanent mandatory injunction on it along with the stay application, trial court grant the stay application, other party filed appeal the very next day, on the day of 1st hearing in appellate court the judge was absent, the notified day for election gone, how the election now took place
biswajit nag
17 December 2014 at 11:32
Sir/Madam,
i am a student of law. I am keen to understand the powers of the appellate court under the Arbitration and Conciliation Act, 1956.
Please do the needful and oblige.
Thanking you,
Biswajit Nag
....SAJ SK.....
16 December 2014 at 19:57
PLEASE TELL ME DOES RIGHT TO FREEDOM OF RELIGION INCLUDES RIGHT TO CONVERT RELIGION UNDER OUR INDIAN CONSTITUTION ? OR RIGHT TO CONVERT RELIGION IS VIOLATION OF OUR CONSTITUTION?
Umapathy PS
12 December 2014 at 11:21
Dear Sir,
1.Persons those who are working in private Ltd company is it possible to enrole?
2.Persons those who are working in public Ltd company is it possible to enrole?
3.Persons those who are working in Govt.Employment is it possible to enrole?
I seek your views.
Thanks & Regards,
P.S.Umapathy.
JAIME
11 December 2014 at 01:33
Can a Person of Indian Origin being a Citizen of foreign country having property in India file a Writ Petition to issue Writ of Certiorari under Article 226 r/w 227 of the constitution of India against a wrong judgement passed in revision where there is no appeal. there is a supreme court citation BASHESHAR NATH Vs.
RESPONDENT:THE COMMISSIONER OF INCOME-TAX,DELHI & RAJASTHAN & ANOTHER.DATE OF JUDGEMENT: 19/11/1958 Article 14 of the constitution is interpreted at page 16 of 60 "That the underlying object of this Article is undoubtedly to secure to all persons, citizen or non-citizens the equality of status and of opportunity referred to in the glorious preamble of our Constitution. Could this interpretation give relief to a non citizen?
Gaurang Medawala
10 December 2014 at 22:52
we've got a licence for money transfer via reserve bank in the year 1998 and is it active till date.
on 14/10/98 ATS police along with Ferra department ahmedabad laid a raid in our office and houses and grabbed away foreign as well as india currency and arrested Chimanlal harjivandas (my father)..on 19/5/99 coffeposa order was issued against him and before this order was executed,he passed away on 13/9/99.. on 28/10/99 central government under section 11 revoked coffeposa order.
Ferra ahm. grabbed above mentioned currencies - FC and IC . and penalized us. against this ferra tubunal dehli, in the year 2004 didnt agree to this and returned our currency.
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in 2001, showcase notice against the family members of late chimanbhai was issued by SAFEMA ahmedabad, and in the year 2002 they ceased 25 movable and immovable properties.. we've appelaed in tubunal delhi.. case remand .. now on 28/10/2014, SAFEMA bombay released maximum properties but still 6 properties are still ceased. so, we've filed appeal in safema tubunal delhi.. case pending
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we have some questions regarding the above mentioned case, please help us, thanking you, gaurang kapadia.
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1) These are the issues since 1980. we've declared money in AMNESTY and from that money we've purchased residential property so isn't it covered under the SAFEMA law?.. Supreme court judgement 201 ITR 658 does not protect AMNESTY Scheme??
2) our family members have purchased properties between the years 1970-75 of amount 25,000-75,000 and even the purchasers have expired before 2000. they've filed the income tax returns and the income tax department in their assessment order have mentioned about it along with 3 years of penalty on us... SAFEMA department in the year 2014 has asked us about the accounts of that above mentioned money and properties, by books and bank statements, which we do not have right now. we've shown them the assessment orders and income tax returns in acknowledgement but they refuse to understand so what can we do now? kindly please help.
3) under the law of SAFEMA, the one who purchases any property, and once the person dies so now can the SAFEMA department issue Showcause notice ?? and can they pass orders against their legal heirs ?
4) under the SAFEMA law the central government's finance department published circular no. 12/23/93-CA dated 23/6/94 so by this circular, properties purchased upto Rs.1,00,000 are to be forfeiture. Although the SAFEMA department doesnt agree with it and hence deny to give us liberty and our property back.. So what can we do now?
5) as per income tax law, they cannot ask for accounts and income stuff prior to 6 years. So in the SAFEMA how many years are granted for them to ask ? The law of SAFEMA was introduced in the year 1976 so can they question us about the properties that we've purchased in the year 1970?!!
6) Before the execution of Coffeposa order in 1999 and detinue expired so central governemt revoke coffeposa order under 11 section.. in this situation does the SAFEMA procedure can take place on us? As per judgement 2004(3)SCC628 on the family members of the detinue in 2001?
........awaiting for replay...thanks.
JAIME
10 December 2014 at 17:17
IS THERE ANY RESTRICTION TO FILE A WRIT PETITION THROUGH A POWER OF ATTORNEY HOLDER AND IF THE PETITIONER IS A PERSON OF INDIAN ORIGIN HOLDER OF A FOREIGN CITIZENSHIP?
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Are govt. teachers slaves?don't they have any human rights?
1.In the peak of winters this year hindi teachers are forced to attend a seminar,that too on Christmas day which is supposed to be a public holiday.
2.) 2 months back,teachers and students had to attend swacchh bharat abhiyaan on 2nd october when it was quite hot,and walk down to long lengths.2 days later students had exam.how can students study for exam when they are made to parade in so much heat just 2 days before it?and 2nd october is supposed to be a national holiday too.
2. RTE is right to education,ie,students have full right to education.but their educators,ie,govt teachers are forced to do non-teaching works like census duties,election duties and clerical jobs daily in school.doesnt this contradict their right to "obstacle-free" education?
teachers get no security from govt while they go to unknown people's houses during census duty,even in slum areas.they get no food and transport facilities even during elections.not even a lunch break.
3. if a teacher has to go for a vacation outside india/in any other part of india,he has to first take permission.even if there are emergency reasons to go outside(for example daughter/son abroad is sick)he cant go if he doesnt get a permission..
Are teachers human beings or dogs?It's true that a govt servant owes to his country.But doesnt he have any human rights?