Keywords: Scheduled Caste, Scheduled Tribe, SC/ST, Paniya caste, community certificate, inter-caste love marriage, KIRTADS, opportunity to be heard.
The Kerala High Court recently ruled that a child may be categorized as Scheduled Caste or Scheduled Tribe (SC/ST), even if only one of the parents is from the respective SC/ST community, provided that the child has experienced social, economic, and educational disadvantages due to their caste identity.
Justice Viju Abraham presided over a petition filed by a student who sought a declaration affirming that she belongs to the ‘Paniya’ caste and qualifies to get the associated benefits. The petitioner further requested the issuance of a community certificate to substantiate her claim.
The petitioner’s parents had an inter-case love marriage, with her father belonging to the Orthodox Syrian Christian Community and her mother from the Hindu Paniya community.
The Paniya community is officially recognized as a Scheduled Tribe community under the Second Schedule to the Constitution (Scheduled Tribes) Order, 1950.
Justice Abraham remarked that if society accepts the petitioner as a member of the original Paniya community, and she continues to live within the same social framework, she can be regarded as belonging to the Paniya community.
Referring to the Indira v. State of Kerala case, the judgement emphasized that if atleast one parent belongs to the SC/ST community, the child is eligible for the associated benefits. However, it is essential to consider whether the claimant has faced social, economic, and educational disadvantages due to their caste, and whether society has accepted the claimant as a member of their original community, living by the same social norms.
The petitioner approached the Court asserting that she belongs to the Paniya community and was raised in accordance with their tribal traditions, highlighting the accompanying disadvantages associated with being a part of the tribe.
The petitioner argued that her paternal relatives completely severed ties with her parents following their marriage.
The petitioner resided in the Govindamala Tribal Colony, and had obtained a certificate from the Colony’s head (Moopen), confirming her affiliation with the Paniya community, as she was born and raised within that community.
Furthermore, the petitioner stated that she has been receiving multiple forms of financial assistance and benefits specifically designated for Scheduled Tribes from government authorities.
The petitioner accused the Kerala Institute for Research, Training, and Development Studies (KIRTADS) of submitting a report questioning her claim, without allowing her a chance to be heard, which compelled her to approach the High Court last time.
The High Court disposed of the case by ordering KIRTADS to review the matter, and allowing the petitioner to present her side and be heard.
However, KIRTADS submitted a report stating that in cases of inter-caste marriages, it can only be seen as a lower-ranked woman marrying a higher-ranked man and that the socialization of children born from such marriages is more influenced by the higher-ranked father. KIRTADS argued that the petitioner does not belong to the Paniya community (a ST in Kerala) and instead belongs to the Orthodox Syrian Christian community, which is her father’s community.
The petitioner argued that the underlying assumption forming the basis of the report was inherently flawed, asserting that caste-based disadvantages do not disappear simply because someone marries a person from a higher caste. Consequently, the petitioner filed the current petition to contest KIRTADS’ stance.
In response, KIRTADS submitted a counter affidavit alleging that the petitioner had withheld pertinent information. It highlighted instances demonstrating the petitioner’s family’s inclination towards the Christian community, including her baptism conducted according to Christian rites.
However, the High Court overturned the KIRTADS report and directed them to reassess the case and provide the petitioner with an opportunity to be heard and conduct a thorough examination of the matter before submitting a revised report.
The High Court also allowed the petitioner to submit argument notes along with all the pertinent documents to substantiate her claim of belonging to the Paniya community.
References:
- Bar and Bench, https://www.barandbench.com/news/child-one-scst-parent-suffered-socio-economic-caste-disability-keralahighcourt, accessed 16 July 2023.
By: Saatvik, BBA LL.B. (Hons.), upcoming law student at Vivekananda Institute of Professional Studies, GGSIPU, Delhi, an intern under Legal Vidhiya.
0 Comments