Children caste

At present there is no such scope to get caste of mother, as the rules and regulations through traditions are always that children should belong to father's caste only (Male is considered as seed and female are considered as a Kshetra, what ever is sown we can get plant of the seed)

THANK YOU SIR,

Under the law of the land in modern India, under the Constitution of India, castes have no relevance except for the purpose of availing reservations. Those belonging to SC, ST, OBC etc. have to produce caste certificates issued by a competent authority if they wish to avail any of the reservations. You have not stated as to which castes the husband and wife belong to and the purpose for which the certificate is required. If you want certificate for the purpose of availing reservation there is Supreme Court judgment governing this. In the case of marriage between individuals of whom one belongs to caste eligible for reservations, the criterion to be applied to decide whether the child would be eligible is whether the child was brought up in an environment with disabilities of the caste eligible for reservation. The burden of proof is on the applicant.

What Mr. G. L. N. Prasad says is not correct. Under Hindu scripttures and traditions there are two types of inter-caste marriages. One in which the husband belongs to a higher caste and the wife to a lower caste is called an anuloma marriage. In case the wife belongs to a higher caste and the husband to a lower caste, such a marriage is called a pratiloma marriags.. In the case of an anuloma marriage, the child will belong to the caste of the mother. In the case of pratiloma marriage the child will belong to a new caste, which is lower than both the castes, if fact lower than all the four castes.

In Kerala Brahmins used to marry Nayar women. Nayars are Shudras and their children also will be treated as Nayars. In mythology Devayani, a Brahmin woman married King Yayati, a Kshatriya. Their son was Yadu. The descendants of Yadu are called Yadavas.  Yadavas are lesser than Kshatriyas. They are eligible for reservation under OBC's.

When those belonging to different Gotras of the same caste get married, the children take the Gotra of the father.

In Christianity father gives the seed and mother the soil. Hence inheritence also is through father. All Christians have thus inherited the original sin committed by Adam. Jesus Christ himself was not a sinner, because his father was God Himself.

All the above are not my personal opinion. I have only narrated what is in scripttures.

Normal presumption is that his/her caste would be that of her father. However, there could be situations where the child was brought up in accordance with the custom and practices prevailing in the mother's community. In such a case, the competent authority can ascertain the facts and issue the caste certificate taking into account the facts circumstances in the particular case.

 

tahnk you Venu SIr,

If any judgement available 

It was a rare case as ruled in SC Judgment and applied to  HCU student late Rohit Vemula who obtained certificate of SC, though both his parents belong to Vaddera community, but as he was brought in a slum of SCs and by some SCs he could obtain a certificate.  This is not a general rule where children stay with parents, but children are either orphaned or brought up from child hood in those localities of SC and suffered like SCs.

The ratio, in thia context, has been laid down by the Apex Court in Rameshbhai Dabhai Naika vs State Of Gujarat 

"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."

Every expert has done a splendid job.

No every expert has not splendid job.

Mr GNL Prasad and Mr Venu gave clear position of law.

Mr Ramani only quotes criptures which have no application in given case.

With due respect to Mr.GNL Prasad, Mr. Venu and Mr. Sudhir Kumar, I say none of them have given the "clear position" in the law. All are presumptions. Again I say that there is no law in India, which says the caste of the child will be the caste of the father. There are many judgments, which make this erroneous statement that caste of the child is caste of the father. Many of them decide based  on a Privy Council decision in the 19th century. Privy Council claimed the they relied on Hindu scripttures. What does a Britisher residing in London know of Hindu scripttures?  I repeat there is no valid law in India on the question caste of an inter-caste child. In fact the question is irrelevant in the Indian context after 26-01-1950. 

I have attached here the Supreme Court judgment, to which I had referred earlier. The judgment also refers to all previous judgments of High Courts on the question. Again I say that law is a science and not presumptions and assumptions. I will qustion even a Supreme Court judgment, if it does not appear scientific. If there is not a purpose the question of caste of a child is irrelevant. There is no authority to decide such matters.

We speak much of women saying they have the right of equality. But, when the question comes of reservation and caste, she is slided aside. The rule of SEED and SOIL is present.  The Constitution of India profounds that there is no gender difference. Government, Political Leaders and the Society encourages inter caste marriage. There is much distance between talk and walk. The Supreme Court without mincing words must come out to say that it is the inter caste couple who should decide and opt the caste belonging by one of them since both are responsible for the firth of the child. Keep aside the seed and soil maxim.