The Bombay High Court’s rulings on children taking their mother’s caste highlight the complexity of caste identity and the need for nuanced approaches. The Bombay High Court has allowed a 20-year young woman to stake claim in caste of her mother who raised her as a single-parent upon separation from father.
The Division Bench of Justice G.A. Sanap and Justice Sunil B. Shukre has been almost entirely brought up by her mother who belongs to Mahar Scheduled Caste. The Court noted that she was seven, residing with the mother when they obtained their divorce decree in 2009. The Report of Vigilance Enquiry Officer was also taken into account.
The Bombay High Court has made significant rulings regarding children taking their mother’s caste. Here are the key points:
Daughter’s Caste Claim Upheld: In a landmark verdict, the Nagpur bench of the Bombay High Court allowed a daughter to use her mother’s caste. The court noted that the girl was raised by her mother, a tribal woman belonging to the Halba Scheduled Tribe, after her parents’ divorce. The court emphasized that the girl had inculcated the values, practices, customs, and traditions of her mother’s community.
Son’s Caste Claim Rejected: However, in another case, the Bombay High Court rejected a boy’s claim to belong to the Chambhar Scheduled Caste community, despite his mother belonging to the community. The court observed that the boy’s father belonged to the Hindu Agri caste, which is not a Scheduled Caste, and there was no evidence that the boy suffered any humiliation or deprivation due to his mother’s caste.
Key Factors: The court’s decisions highlight the importance of factors such as:
Upbringing and Social Environment: The court considers the child’s upbringing and social environment in determining their caste.
Lived Experience: The child’s lived experience, including any deprivation or discrimination, is crucial in determining their caste.
Parental Influence: The court assesses the influence of both parents on the child’s life and caste identity.
Committee Formation: The Bombay High Court has also urged the Maharashtra government to form a committee to explore the possibility of allowing persons to provide details of their mother’s caste or social status on the ‘Aaple Sarkar’ portal for obtaining a caste certificate.
By considering factors like upbringing, social environment, and lived experience, the court’s decisions emphasize that caste identity is not solely determined by birth but also by the social and cultural context in which a child grows up. These judgments underscore the importance of empathy and understanding in addressing caste-related issues, ultimately aiming to promote social justice and equality.
