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pavan (teacher)     23 June 2011

Caste of Childern which are born of inter-caste marriage

Respected Sir,

 i am from Andhra Pradesh of India .My friend is belong to KAPU caste which is belong to OC catograry/GENERAL Catogary. he married a girl she belong to TOORPU KAPU caste which belong to BC - D catogary. They have 2 children aged of 3 years boy and 1year old baby. Which Caste is applicable to Their children as per Constitution of India.

thanking you sir



Learning

 1 Replies

Tajobsindia (Senior Partner )     23 June 2011

@ Author,

For your State following prevails;


1. Now a integrated Certificate is being issued for Caste, Date of Birth and Nativity, thus reducing a lot of extra work. In G.O.M.S.No. 272 Revenue (Ser. III) Department, dt.14-3-96, Govt. have issued orders introducing the system of issuance of Permanent and Integrated Community, Nativity and Date of Birth Certificates to SCs, STs and BCs in the Form prescribed (i.e.,) in Form-III by the Competent Authorities viz., Dist. Collector, Revenue Divisional Officer / Mandal Revenue Officer as the case may be from the academic Yea 1996-97. The printed forms of Permanent and Integrated Community, Nativity and Date of Birth Certificates and the Registers to be maintained by the village Administrative Officers and Mandal Revenue Officers were already supplied to the Mandal Revenue Officers and Revenue Divisional Officers in the District.


2. An Act (Act. No. 16 0f 1993) to Regulate the issue of Community Certificate relating to the persons belonging to the SCs, STs and matters connected there with or incidental there to was passed and the same was came into force w.e.f 15-5-97.


3. A.P. Government have also framed the Rules in G.O.Ms.No.58 SW (J) Department dt. 12-5-97 viz., the A.P. (SCs, STs and BCs) Issue of Community, Nativity and Date of Birth Certificates Rules, 1997 regulating the procedure of issuance of Community, Nativity and Date of Birth Certificate to the SCs, STs and BCs and also for verification of social status claims of the individuals. These rules came into force with effect from 16-5-1997.


4. Status of Children born to the Inter-caste married couple one of whom belongs to Scheduled Caste / Scheduled Tribe.


The crucial test to determine the caste of a child born out of wedlock in which one of the spouses belongs to SC/ST community as a member of their community is, to determine whether the child has been brought up and accepted as SC/ST as member of their SC/ST community. Even if a mother of the child is a SC/ST community member, it is possible that the community of his father accepts the child and brought up in the surroundings of his father’s relations. In that case such child cannot be treated as a member of SC/ST community. Similarly when the mother belongs to higher caste and the father belongs to lower caste irrespective of the fact whether the mother or father is a member of such community then he has to be treated as a member of SC/ST community and would be entitled to receive benefits as such.

[Re.: Guide-lines issued by the Government of India, Ministry of Home Affairs ND in its letter No.39/37/73/SCT I, dated 4-3-1975.

 


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