Child with one SC/ST parent can be considered as SC/ST if she has suffered socio-economic disability due to caste: Kerala High Court

The Kerala High Court recently observed that a child can be considered as belonging to scheduled caste or scheduled tribe (SC/ST) even if only of the parents belongs to the same SC/ST community so long as they have suffered disability socially, economically, and educationally. [Rebeka Mathai v State of Kerala & Ors.]..Justice Viju Abraham was considering a petition filed by a student seeking a declaration that she belongs to the 'Paniya' caste and is entitled to all the benefits of Paniya caste and for issuance of a community certificate in that regard.While the petitioner’s father belongs to Orthodox Syrian Christian Community, her mother hails from the Hindu Paniya community.The Paniya community is a recognized Scheduled Tribe community as per Second Schedule to the Constitution (Scheduled Tribes) Order, 1950.Justice Abraham opined that so long as society has accepted her to their original fold as one among them, and she is living in the same social tenet, she can be considered as belonging to the Paniya community. “Going by the decision in Indira v. State of Kerala [AIR 2006 KER 1], even if one of the parent belonging to Scheduled Caste/Scheduled Tribe community, the child is entitled for the benefit of the said community, but the crucial aspect to be considered is as to whether the claimant has suffered disability socially, economically and educationally and the society has accepted the claimant to their original fold as one among them and is living in the same social tenet,” the judgment said..The petitioner moved the Court claiming to be from the Paniya community and was raised according to the tribal traditions with all the disadvantages attached to the tribe.The petitioners’ parents had an inter-caste love marriage with the petitioner’s father belonging to Orthodox Syrian Christian Community and her mother hailing from the Hindu Paniya community.The petitioner contended that her paternal relatives completely stopped all interactions and cordial relationships with her parents ever since their marriage.It was submitted that the petitioner was at the Govindamala Tribal Colony and that the head (Moopen) of the Colony had certified that she belonged to the Paniya community since she was born and brought up in that community. She further said that she has been receiving various financial assistance and benefits earmarked for Scheduled Tribes by the government authorities.However, the petitioner alleged that the Kerala Institute for Research, Training, and Development Studies (KIRTADS) submitted a report against her, that too without giving her an opportunity for a hearing..This had prompted her to approach the High Court on a previous occasion.The High Court disposed of the matter directing the KIRTADS to reconsider the matter after affording an opportunity of being heard to the petitioner.However, KIRTADS submitted a report holding that the petitioner does not belong to the Scheduled Tribe Paniya community of Kerala and that she belongs to the Orthodox Syrian Christian community that her father belongs to.“As in case of inter-caste marriages, it could only be interpreted as a lower social ranked women marrying a higher ranked man and it evidently revealed that socialisation process of the offspring of such couples is more attached to the higher ranked father and in this case the offspring of the inter-caste/culture couple are gradually waving away their Scheduled Tribe Paniyan and are free from the social stigma that a Scheduled Tribe community supposedly is carrying forward,” the report of KIRTADS said..The petitioner submitted that this assumption which forms the basis of the report, was prima facie invalid and that caste disability does not vanish even if someone marries a person belonging to a higher caste.Therefore, the petitioner moved the present petition challenging the stand of KIRTADS..KIRTADS submitted a counter affidavit stating that the petitioner had suppressed relevant facts.The counter affidavit pointed out various instances showing the inclination of the petitioner’s family toward the Christian community including that the petitioner was baptized as per the Christian rites..However, the High Court concurred with the petitioner’s contentions noting that even if only one of the parents belongs to a SC/ST community, the child can be considered as belonging to that community if he/she has suffered disability socially, economically, and, educationally and the society has accepted him/her to their original fold as one among them and is living in the same social tenet.Therefore, the High Court set aside the report of KIRTADS and ordered it to reconsider the matter and submit a report, after affording an opportunity of being heard to the petitioner and after conducting a proper enquiry into the matter.It further said that the petitioner will be free to submit argument notes producing all the relevant documents in support of her claim that she belongs to the Paniya community..The petitioner was represented by advocates Kaleeswaram Raj and Thulasi K Raj.The respondents were represented by Government Pleader Sunilkumar Kuriakose..[Read Judgment]