Declaration of religion (caste)
Ankarsh Rattan
(Querist) 08 March 2013
This query is : Resolved
I am Scheduled Caste Hindu Balmiki by birth but I like Christianity by faith. My marriage is solemnized in Church because my wife is Christian by birth. Now, we both are in matrimonial dispute. She leave my home from last 1.5 years. I put conjugal rights u/s 32 of Divorce Act 1869 on her. We have a girl child aged 2 years who is presently with her. I withdraw My conjugal rights case. Now, every time my inlaws complaint to my department that i am christian and takes Privilege of SC reservation, but this is my right, I am by birth belongs to SC Category.
Please tell me how can i declare my religion and caste that I m by birth Hindu
ajay sethi
(Expert) 08 March 2013
you deny that your are christain . you are SC and have not converted to christanity . because your wife is christain to please her marriage was performed in a church .
you have not formally converted to christanity
adv. rajeev ( rajoo )
(Expert) 09 March 2013
CASTE IS DETERMINED BY BIRTH AND NOT BY MARRIAGE, ADOPTION, MIGRATION ETC
Kerala Pattika Jathi Samrekshana ... vs State Of Kerala And Ors. AIR 1995 Ker 337 Caste of a person is determined by his birth and further that the caste is considered as a class for the purpose of reservation under Article 16(4) of the Constitution of India. There is absolutely no scope for a change in the status of the cast. A person cannot be allowed to change his caste. It cannot be the choice or an option of an individual to belong to a particular caste. A caste is classified as backward class for the purpose of reservation. Therefore, a person cannot be allowed to change the caste. If so permitted it would be defeating the very purpose for which the classification is made. The adoption, marriage and conversion of faith of individual from one caste to another as permitted by the Law of Adoption or marriage have no relevance for the purpose of claiming the benefit of reservation under Article 16(4) of the Constitution of India. The decision relied upon by the learned counsel for the 8th respondent reported in AIR 1980 Delhi 60 is not a good law in the light of various decisions on the point in issue.
In K. Shantha Kumar v. State of Mysore, 1971 (1) Mys LJ 21 it was held that by adoption the adoptee cannot destroy or nullify the advantage of the environmental conditions of his upbringing for 16 years by his natural parents and claim the benefits of reservation.
Khazan Singh v. Union of India, AIR 1980 Delhi 60. In the said decision it has been held that on adoption the adopted ipso facto acquires the caste of adoptive parents. On adoption as in the case of a birth, the adoptee acquires the caste of the adoptive parents. In the said decision in view of the fact that the adoptive father belongs to Scheduled Caste, the grant of Scheduled Caste certificate to the adoptee accepting adoption as basis was held to be valid.
prabhakar singh
(Expert) 09 March 2013
YES! RIGHT CAST IS BY BIRTH WHILE RELIGION IS BY OPTION.
CHANGE IN RELIGION DOES NOT CHANGE THE CAST,IT REMAINS THE SAME AS IT WAS AT THE TIME OF BIRTH.
ONE MAY CHANGE RELIGION MANY TIME BUT ONE CAN NOT CHANGE CAST EVEN A SINGLE TIME.
Ankarsh Rattan
(Querist) 09 March 2013
Thanks to all, how can i declare that i am Hindu...???
prabhakar singh
(Expert) 09 March 2013
If asked by office or boss then you can declare by a notarized affidavit addressed to "whom it may concern"
ajay sethi
(Expert) 09 March 2013
yes you cna declare you are a hindu
Raj Kumar Makkad
(Expert) 10 March 2013
Declaration on a duly sworn affidavit is sufficient in this regard.
