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hemraj dharam (TA)     28 April 2012

Children's cast out of intercast marriage

Intercast marriage-Father open category....Mother SC in cental govt job-migrated from MS to Karnataka- Is child entitled to SC cast cfkt..If yes where to claim cfkt in MS or Bangalore ? Could u provide legal help in this regard ? 



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 6 Replies

adv. rajeev ( rajoo ) (practicing advocate)     28 April 2012

Normally child adopts the caste of the father.  It is to be verified whether mother's caste comes in the Karnataka list of SC 

hemraj dharam (TA)     28 April 2012

 

yes Sir  , cast is "MAHAR" & as per karnataka also

THE CONSTITUTION (SCHEDULED CASTES) ORDER, 1950

Karnataka SC List        Sl no. (62).  Mahar, Taral, Dhegu Megu.

Deepak Nair (lawyer)     28 April 2012

If the mother is SC the child can apply for caste certificate of SC

Arvind Singh Chauhan (advocate)     28 April 2012

Child can't claim the benifit of mother's cast as he bears cast of father and being braught up in cast/community of father.

Anish Thakur 7018812737 (advocate)     29 April 2012

i agreed to mr. arvind , child can not apply for the benefits of caste of mother.

he be trated as general category as his father's caste

hemraj dharam (TA)     01 May 2012

 

 

Sir, If u read following information that i surfed from net..It would make my case true..statement in bold ia completely applicable to our child. Inlaws have seen children only on 2 occassions  in last 14 years. Whereas granny (maternal..) has raised them from birth.. they came to Bangalore only during beginning of school. What is ur pinion ?     How should I proceed ..pl guide me.. Thanking you..

{ To

The Chief Secretaries of all State Governments and Union Territory Administration, New Delhi 110001

the 21 May, 1977/31, Vaisaka, 1899 Subject : Caste status of the offsprings of intercaste married couples-GOI, MHA No.39387/73-SCT.I Dt. 21-05-1977..........................

 

It is requested that these instructions may be circulated among all the authorities empowered to

issue Scheduled Caste and Scheduled Tribe certificates.

Yours Faithfully

(O.R. Srinivasan)

(Under Secretary to the Govt. of India) No. 39/37/73-SCT.1. Dated the 21st May, 1977 31 Vaisakha, 1899.

 

(following is part of above para /annexure  ....)

.......In the alternative, where the child irrespective of the fact whether the father or the mother is a member of the Scheduled Cast community is brought up on the Scheduled Caste as a member of such community, then he has to be treated as a member of the Scheduled Caste community and would beentitled to receive benefits as such.

 


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