Caste of a ward adopted by christan father + hindu mother
Concerned well wisher
(Querist) 21 January 2014
This query is : Resolved
What is the caste of a girl adopted under the The Guardians and Wards Act, 1890 by a Christian father and Hindu mother.
The only information known about the biological mother is that she was unwed and abandoned the baby at a Christian missionary shelter for orphans after her family disowned her and the biological father absconded.
Rajendra K Goyal
(Expert) 21 January 2014
Cast of father would be cast of child.
Advocate. Arunagiri
(Expert) 21 January 2014
In case of adoption, the child can get the religion or community of either father or mother.
Even the community certificate can be adopted by showing the fact.
Concerned well wisher
(Querist) 21 January 2014
As per my understanding since this is an adoption (quite factually only a guardianship) under The Guardians and Wards Act (which doesn't allow for adoption) and not the Hindu adoption act, the father is really only the guardian.
Will that still mean the father's caste applies to the child?
Advocate. Arunagiri
(Expert) 21 January 2014
I thought you as a lay man, and taken it granted that the adoption is true but you are quoting a wrong act.
It is not possible to adopt a child under the The Guardians and Wards Act.
Only in case of adoption, the adopted child will acquire the caste of the father or mother.
But, in case of guardianship change of caste does not arise at all.
Your query itself is paradox.
If your query is based on real situation, your query can not be paradox.
Concerned well wisher
(Querist) 21 January 2014
Thank you, it is a real situation, not being clever here.
The girl is coming up for her college admission and her current guardians (also parents ipso facto) brought her home from a missionary establishment (only possible under the G&W Act since the father is a Christian) when she was a few months old. Not much is known about the biological parents.
Since the original caste of the baby is unknown it isn't clear what the caste will be during college admissions.
The question of caste strangely hasn't risen during schooling since it was the CBSE system.
Thank you.
Advocate. Arunagiri
(Expert) 21 January 2014
As you are confusing who is father, adopted father and guardian, I am not going in to that area.
But, you say that the CBSE system, does not require caste certificate. It is absolute wrong, the CBSE schools demand for the Community certificate even in the X Level itself.
As I feel this querist is giving contradictory information, I am confining my reply with this. Let the other experts reply.
Concerned well wisher
(Querist) 21 January 2014
Thank you.
You are absolutely right, I was going to clarify the issue of the father.
The bilogical father is unknown, the baby was abandoned by the unwed mother who didn't offer details of caste.
The guardian father is Christian, but it doesn't matter here I feel since GWA 1890 doesn't care.
The CBSE system only required the guardianship registration, whereas for reservation in colleges, the TN State government requests the issue of a community certificate.
I suspect the child maybe assigned "Denotified community" am I correct?
Thanks.
Devajyoti Barman
(Expert) 21 January 2014
I am not aware of full details of the case.
Isaac Gabriel
(Expert) 21 January 2014
The queryist wants to be anonymous.Yet, experts have bestowed attention to advise with straneous efforts.As per the system adopted in Tamilnadu,the caste or religion of the child could be decided upon the practice and custom adopted by either by mother or father.In this case the girl is brought up from missionary establishment and the origin could not be traced,nothing could be thrust on the girl against the will of the guardians ie.missionaries.For shool or college records it has to be mentioned as belonging to other community.
Concerned well wisher
(Querist) 21 January 2014
Thank you very much kind Sirs - this has been very helpful.
