Child Facing Prejudice Due To Being Member Of SC Community Can't Be Denied Community Certificate Merely Because Parents Had Inter-Religious Marriage: Kerala HC

The mother of the child belonged to the Pulaya community and approached the High Court against the non-issuance of a community certificate to her minor daughter for educational purposes.

Justice Devan Ramachandran stated that the indignities humilities and the social handicaps faced by a member of a particular community should be the determinative factor to grant or refuse the caste certificate of that community. 

“I have no doubt that the learned Amicus Curiae has expatiated the law and the provisions very lucidly because, the acme question, whether a child or a person has suffered from the indignities and handicap of a disadvantageous community, is inherent to the factum of such person having affinity to the said Community, without any reference if his/her parents were inter-caste married couple or inter- religion married couple.”, stated the Court

Background

The petitioner submitted before the Court that her daughter grew up as a member of the Pulaya Community. It was submitted that her daughter faced the prejudices, social disadvantages and sufferings of being a Pulaya community member. It was also argued that her daughter had a community certificate showing that she is from the Pulaya community, however, her application for a community certificate for educational purposes was rejected. It was submitted that non-issuance of community certificate was uncharitable, illegal and untenable.

On the other hand, the Public Prosecutor submitted that there was no evidence to prove that the petitioner's daughter faced difficulties or hardships because her mother belonged to the Pulaya Community. It was submitted that since the petitioner had an inter-religious marriage and not an inter-caste marriage, her child cannot obtain a Pulaya community caste certificate since the child's father is a Christian. 

Court Observations

As per the report submitted by Amicus Curiae, S Vishnu it was stated that a community certificate cannot be denied to a child who suffered all the disabilities/ handicaps attached to her mother's scheduled caste only for the reason that they had an inter-religious marriage.

The Court stated that the petitioner's daughter had been accepted as a member of the Pulaya community and had suffered its prejudices. It stated that factors like the inter-religious marriage of her parents or that her father is a Christian would not determine her caste unless contrary evidence was available.

The Court added that it has to see whether the child had suffered social disabilities and followed the same customs and traditions of the scheduled caste community as the determinative factor.

It said: “…merely because one of the parents alone belong to SC/ST community, it cannot be automatically taken that it is the caste of the father which is the determinant factor; but whether the child born to them, suffers the same social disabilities and follows the same customs and traditions as the parent belonging to the SC/ST Community. “

It stated that denying the caste certificate to the petitioner's daughter would be against the principles of affirmative action. It stated that it would be unfair to deny the SC/ST benefits given by the government to the petitioner's daughter since she has already suffered prejudices faced by the members of the Scheduled Caste community.

Accordingly, the writ petition was allowed and direction was made to the Revenue Divisional Officer to issue a community certificate to the petitioner's daughter.

Counsel for petitioner: Advocate Bhadra Kumari

Counsel for respondents: Special Government Pleader Robin Raj

Citation: 2024 LiveLaw (Ker) 205

Case title: Sheeba C K v State of Kerala

Case number: WP(C) NO. 920 OF 2023

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