The Supreme Court, in Rameshbhai Dabhai Naika v. State of Gujarat & Others [(2012) 1 KLT 383], observed that in the case of an inter-caste marriage, or a marriage between a tribal and a non-tribal person, there may be a presumption that the child belongs to the caste of the father.
The Presumption Not Conclusive but Rebuttable
However, this presumption is neither conclusive nor irrebuttable. A child born from such a marriage is entitled to lead evidence to establish that he or she was brought up by the mother, who belongs to a Scheduled Caste or Scheduled Tribe community.
The Court further held that, despite being the child of a forward-caste father, the individual may not have enjoyed any social or educational advantage arising from the father’s caste status. On the contrary, the individual may have suffered the same deprivations, indignities, humiliations, disabilities, and social handicaps experienced by members of the Scheduled Caste or Scheduled Tribe community to which the mother belongs. It must also be shown that the individual was consistently accepted and treated as a member of the mother’s community, not only by that community itself but also by society at large.
Examine Bringing Up of the Child to Assess Caste Status
In view of the above observations of the Supreme Court, where it is established that a child has been brought up in the social and cultural environment of the notified Scheduled Caste or Scheduled Tribe community to which the mother belongs, has suffered the same social disadvantages and disabilities as other members of that community, and has always been recognized and treated as a member of that community by both the community and the wider society, such a child—including a child of a separated, divorced, or single mother—may be treated as a member of the Scheduled Caste or Scheduled Tribe community and may be entitled to the benefits available to members of that community.
However, each case must be examined on its own facts and circumstances, and the determination of caste or tribe status must be made on the basis of the evidence available in the individual case.
