Wedlock between tribal and non tribal
GANGAM.RAJENDER.
(Querist) 02 November 2013
This query is : Resolved
dear experts,
the offshoots of the wedlock of a tribal woman married to a non-tribal husband can claim scheduled tribe status.
1.THEY ARE NOT REGISTERED THE MARRIAGE AND THEY MARRIED IN THE TEMPLE EITHER SIDE ELDERS NOT ACCEPTED THE MARRIAGE.
2.THEY ARE LIVING INDIVIDUALLY NOT WITH THEIR FAMILIES.
Q1.HOW TO GET THE TRIBAL CERTIFICATE TO THE CHILDRENS FROM THE AFFICIALS ? CAN WE GET THE CERTIFICATE BASING ON THE MOTHER CASTE?IS IT POSSIBLE TO GET TRIBAL CERTIFICATE SIR.
IF ANY SUPRIME COURT DECISIONS PLS PROVIDE SIR
THANK YOU SIR.
Sudhir Kumar, Advocate
(Expert) 02 November 2013
as long as their father is non-ST they are not getting ST certificate (even if mother is ST)
No benefit of ST is admissible to them.
Dr J C Vashista
(Expert) 03 November 2013
I agree with Sudhir Kumar ji, the benefit of ST can be obtained if father is ST, irrespective of other facts i.e., how they got married, where/how they are living etc.
P. Venu
(Expert) 03 November 2013
It is not he absolute rule that the offspring of an inter-caste marriage takes the cast of the father. In respect of the children borne to a tribal woman from a non-tribal husband the question is whether the child or children were, in fact, brought up as a tribal and, consequently, shared all the indignities and handicaps and deprivations normally suffered by the tribal communities.
In this context the observations of the Apex Court in Rameshbhai Dabhai Naika vs State Of Gujarat & Ors. (dated 18 January, 2012) is significant:
"43. In view of the analysis of the earlier decisions and the discussion made above, the legal position that seems to emerge is that in an inter-caste marriage or a marriage between a tribal and a non-tribal the determination of the caste of the offspring is essentially a question of fact to be decided on the basis of the facts adduced in each case. The determination of caste of a person born of an inter-caste marriage or a marriage between a tribal and a non-tribal cannot be determined in complete disregard of attending facts of the case. In an inter- caste marriage or a marriage between a tribal and a non-tribal there may be a presumption that the child has the caste of the father. This presumption may be stronger in the case where in the inter-caste marriage or a marriage between a tribal and a non-tribal the husband belongs to a forward caste. But by no means the presumption is conclusive or irrebuttable and it is open to the child of such marriage to lead evidence to show that he/she was brought up by the mother who belonged to the scheduled caste/scheduled tribe. By virtue of being the son of a forward caste father he did not have any advantageous start in life but on the contrary suffered the deprivations, indignities, humilities and handicaps like any other member of the community to which his/her mother belonged. Additionally, that he was always treated a member of the community to which her mother belonged not only by that community but by people outside the community as well."
Narration in the query suggests that the children were brought up in a tribal way of life and if so, they are entitled to get the Certificate after scrutiny by the designated Committee.
GANGAM.RAJENDER.
(Querist) 03 November 2013
thank you sir valuable suggestion ,how to prove the children were brought up in a tribal way with documentery evidences.
ABDUL RAZIQUE
(Expert) 03 November 2013
by the Tribal Certificate of the child mother.
P. Venu
(Expert) 03 November 2013
It is question of fact whether children were brought up in a tribal way; necessarily this has to be proved by material facts.
GANGAM.RAJENDER.
(Querist) 03 November 2013
SHRI P.VENU SIR AND abdul razique sir based on the tribal certificate of mother ,DO the MRO ISSUE THE TRIBAL CERTIFICATE TO THE CHILD?.
WHICH TYPE OF METERIAL FACTS WE HAVE TO PRODUCE SIR. SINCE 10 WE ARE NOT ATTENDING THE FUNCTION OF FATHER SIDE AND ALSO WE ARE NOT ENTERED INTO THE MATRIMONIAL HOME SINCE 10 YEARS ,NON TRIBAL FAMILY NOT ACCEPTED THE MARRIAGE.
Q1.HOW THIS FACTS TO BE PROVED BY THE METERIALLY SIR?
THANK YOU SIR.
Sudhir Kumar, Advocate
(Expert) 04 November 2013
before moving for such claim make sure that no misrepresentation of facts is made at any time.
such children if getting job on the basis of ST certificate are liable to be prosecuted or dismissed from service (may be even at fag end) or both, if it is established that certificate was obtained from misrepresentation.
Your facts do not indicate that the children were any time brought up in Tribal way.
Dr J C Vashista
(Expert) 04 November 2013
In an Indian patriachial society, I have all my doubts that the child/ren can get benefit of ST status even if they were born and brought up in such an environment.
Sudhir Kumar, Advocate
(Expert) 04 November 2013
DOPT instructions are clear. No cast certificate will be issued unless father belongs to said cast.
