My father is OBC and my mother is Scheduled Caste. My mother and father enrolled me as a scheduled caste and I have married an OBC girl. Now I have one female child and age is less than 6 months. Can I register my child community as my father's caste(OBC) ?






Ramesh Ramesh
Answered on March 09,2020

The crucial test to determine whether the child born out of wedlock between parties who are Hindus and one of whom belongs to the Scheduled Castes is to check whether the child has been

  • accepted by the Scheduled Caste community as a member of their community and
  • brought up in that surrounding and in that community or not.

The nexus between the child and the community or class or caste is a real test irrespective of the fact whether the accommodating class or caste or community is Scheduled Caste community or a caste Hindu community. 

Even if the mother of the child is a member of the Scheduled Caste community, it is possible that the child is accepted by the community of his father and brought up in the surroundings of his father’s relations. In that case, such a child cannot be treated as a member of the Scheduled Caste community and cannot get any benefit as such.

Similarly, when the mother belongs to a higher caste and the father is a Scheduled Caste, the father may remain away from the Scheduled Caste community and the child may be brought up in a different surrounding under the influence of his mother’s relations and her community members. In such cases also, the child cannot be said to be a member of the Scheduled Caste community.

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


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