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2015 Supreme(Online)(KER) 36319
HIGH COURT OF KERALA
K VINOD CHANDRAN, J
SUBI JOSEPH – Appellant
Versus
STATE OF KERALA – Respondent
WP(C)/26821/2009
SRI.SAIGI JACOB PALATTY
Children inherit the caste of the father in intercaste situations, and conversion to another religion nullifies Scheduled Tribe status.
Headnote:
Scheduled Tribe - Caste Certification - GO(MS) No.25/05/SC/ST/DD - The court examined the status of the petitioner and her son's eligibility for Scheduled Tribe benefits, ruling against the issuance of a certificate based on conversion to Christianity and the legal presumption regarding caste inheritance.
Fact of the Case:
The petitioner sought a Scheduled Tribe certificate for her son, claiming he belongs to 'Mala Araya'. The Tahsildar noted the petitioner had converted to Christianity, impacting eligibility for Scheduled Tribe status.
Finding of the Court:
The court concluded that the son, being raised as a Christian and inheriting the caste of his father, cannot be classified as part of the Scheduled Tribe. The presumption is that children of inter-caste parents inherit the father's community.
Issues: Whether the son of a converted mother and a Christian father qualifies for a Scheduled Tribe certificate.
Ratio Decidendi: The court emphasized that a Christian convert does not retain Scheduled Tribe status, and the child inherits the community of the father, dismissing the petitioner's claims.
Final Decision: The writ petition was dismissed.
JUDGMENT
The petitioner is aggrieved with the fact that, her son Joseph Daniel has not been granted a Certificate as a Scheduled Tribe 'Mala Araya'. The petitioner has not been issued with a Certificate showing her to be a Scheduled Tribe member. In fact Ext.P4 shows that the Tahsildar specifically had opined that the petitioner, who belonged to Hindu 'Mala Araya', converted herself to Christianity. The Certificate issued in favour of the son of the petitioner Joseph Daniel, is at Ext.P5. There also Joseph Daniel is said to be a 'Christian Mala Arayan'. Hence, it is clear that the petitioner's son was brought up as a Christian, being the caste of his father.
2. However, in Ext.P5, it is stated that the son would be eligible for educational and monetary benefits admissible to Scheduled Tribe as is provided in GO(MS) No.25/05/SC/ST/DD.
However, that would depend upon the circumstances in which the child is brought up.
3. Admittedly, the petitioner had converted to Christianity and had also married a Jacobite Christian, there is no case of reconversion projected. Further, inRameshbhai Dabhai Naika v. State of Gujarat [ (2012) 3 SCC 400 ], the Hon'ble Supreme Court has held that the presumption available to an intercaste child is that the child would take the community of the father. Herein, the petitioner's husband is admittedly a Christian Jacobite and hence the son would also take that caste. Ext.P5 is also to that end, finding the son of the petitioner to be a Christian Jacobite, taking the Community of his father. Further, going by the specific averments, though the petitioner contends that the petitioner is living in the social milieu of 'Hindu Mala Araya', the specific contention is that, she is living as a 'Christian Mala Araya' with status of a Scheduled Tribe. A Christian convert hence cannot be considered to be entitled to Scheduled Tribe status; especially a progeny of a Christian father and converted Christian mother.
In such circumstances, there can be no direction issued, directing issuance of a Scheduled Tribe Certificate to the son of the petitioner.
The writ petition would stand dismissed.
