The bench said, "In case the parents belong to different castes, it is necessary to prove that the child has experienced social backwardness as a member of the Scheduled Caste. Only innate relationship is not enough."
Mumbai- Bombay High Court has rejected the claim of a student to be of ‘Chambhar’ (Scheduled Caste) caste. The court said that the student did not prove that he has faced any discrimination or deprivation due to his mother’s caste.
The bench gave this decision on the petition of Sujal Mangala Birwadkar (original name: Sujal Santosh Mokal), who challenged the order of Raigad District Caste Certificate Verification Committee dated April 15, 2024. Sujal claimed that he belongs to the ‘Chamar’ (Scheduled Caste) community because of his mother, although his father is from the ‘Hindu farmer’ (general caste).
What was the controversy?
According to the background of the case, Sujal’s father Santosh Mahadev Mokal belongs to the ‘Hindu farmer’ (general caste) and mother Mangala belongs to the ‘Chamar’ (Scheduled Caste) community. Both are employed in the Central Armed Police Force, who got married in 2004, but in 2016 a court in Alibag approved their divorce. Sujal’s custody was given to his mother. During his primary education, Sujal’s caste certificate was registered as father’s caste, but after divorce his mother changed his name to ‘Sujal Mangala Birwadkar’ and at the time of admission in Kendriya Vidyalaya, Nashik, his caste was registered as ‘Chamar’.
In 2023, while studying at Navneet Junior College, Sujal’s mother got a ‘Chamar’ caste certificate made for him, following which the college administration sent it to the Raigarh District Verification Committee for verification. The committee, based on three investigations conducted by the vigilance cell, found that Sujal never faced any discrimination or social deprivation due to his mother’s caste. The committee particularly noted the fact that Sujal’s mother was in a government job and did not ask for any alimony from her husband after the divorce, which shows their financial stability. Hearing the case, a bench of Justice Revati Mohite Dere and Justice Dr. Neela Gokhale said, “Unless it is proved that the child has suffered social or economic discrimination due to the caste of the mother, he cannot be given Scheduled Caste status.
The court said in its decision, “The petitioner has failed to prove that he has faced any kind of inferiority complex, social exclusion or deprivation of educational opportunities due to the caste of his mother. He has been educated in prestigious institutions like Kendriya Vidyalaya and it is clear from his standard of living that he did not have to face any special difficulty.” The bench further said, “In the case of parents belonging to different castes, it is necessary to prove that the child has experienced social backwardness as a member of the Scheduled Caste. Mere inborn connection is not enough.” With this decision, the court dismissed Sujal’s petition and upheld the order of the verification committee. This case is another example of many cases where courts demand concrete evidence of social backwardness before issuing caste certificates. According to legal experts, this decision sets an important precedent for future cases where disputes arise over the caste determination of a child due to different castes of the parents.
Geetha Sunil Pillai
Courtesy : Hindi News