Marital standing no bar for childs caste certificates, Centre tells SC

The response of the Centre got here on a public curiosity litigation (PIL) filed by retired Municipal Corporation of Delhi (MCD) faculty instructor Santosh Kumari who questioned the Capital’s coverage that allowed OBC certificates to be issued to any “paternal blood relative”.

The petition sought a nationwide coverage to make sure such certificates are issued to youngsters of single moms belonging to OBC class, no matter whether or not they’re separated or divorced.

The response filed by the division of social justice and empowerment, Government of India, stated, “The central authorities is of the view that any baby born to an OBC dad or mum, whether or not the dad and mom are separated or divorced, ought to be entitled to an OBC caste certificates primarily based on the credentials of both the OBC father or the OBC mom, relying on who has custody or is actively elevating the kid.”

The extension of such advantages, it added, would require a “complete reevaluation of the standards governing OBC classification, that are rooted in indicators of social and academic backwardness slightly than merely lineage or parentage.”

Further, it said that in instances the place an OBC certificates is to be issued primarily based on the mom’s credentials alone, “It should be clearly established that the kid has been dwelling with and has been introduced up solely by the mom. Additionally, a preventive mechanism ought to be in place to stop any potential misuse of this profit.”

The petition was filed on January 11; on January 31, the highest court docket took it up and issued discover to the Centre and the Delhi authorities. The Centre’s response –– which additionally requested for the petition to be dismissed and urged the court docket to not go any “hasty selections” –– got here on June 9.

But on Monday, the apex court docket termed the plea “necessary” and stated the matter required an in depth listening to.

“The current writ petition raises an necessary concern about issuance of OBC certificates to youngsters of single mom whereby the mom belongs to the OBC,” stated a bench of justices Ok V Viswanathan and N Kotiswar Singh.

The bench requested the petitioner, represented by advocate Dawneesh Shaktivats, to serve the petition to counsels of all states to determine their responses by July 22, the following date of listening to within the matter.

The court docket stated that the difficulty wants consideration from all angles. “What if a single mom has an inter-caste marriage. We have to have a look at the encircling circumstances…Let us see if states have issued tips on this regard, we are able to use it,” the bench added.

In India, OBC certificates are issued by the sub-divisional magistrates or equally positioned officers in each district and tehsil and the rules regulating the issuance of such paperwork –– which entitle its holder to quotas in authorities jobs and training – varies from state to state.

There isn’t any mounted process for kids of single dad and mom to get caste certificates. In instances involving an inter-caste marriage, youngsters typically face caste discrimination even when one dad or mum is decrease caste. Children of single SC moms can get a certificates even when the daddy isn’t SC, however no such provision exists for OBC instances as of now.

In its affidavit, the Centre emphasised that the issuance of caste certificates and the identification of OBCs falls inside the unique legislative and administrative area of the state governments below Entry 41 of List Il (State List) within the Seventh Schedule of the Constitution of lndia.

Entry 41 pertains to state public employment and contains all issues incidental to figuring out eligibility for public employment, together with certification of social classes corresponding to SEBCs [socio economically backward castes], SCs [scheduled castes], and STs [scheduled tribes] for reservation functions.

This place was bolstered by the one hundred and fifth Constitutional Amendment Act,2021, which amended Article 342A(3) and restored to the states the unique energy to establish SEBCs (Socially and Educationally Backward Classes) for the needs of state insurance policies. This modification was introduced in after the Supreme Court in 2021 struck down the Maratha reservation regulation launched by Maharashtra authorities on the bottom that the facility to establish SEBC belongs to the Union and never states.

“The energy to concern OBC caste certificates lies with the sub-divisional Justice of the Peace (SDM) or equally positioned officers of every district and tehsil of a state. This court docket could concern tips or/and instructions to the states and its officers to course of the applying of wards of single OBC moms with out doc proof from the parental aspect,” the June 9 affidavit stated.

The Centre was of the view that the difficulty about giving caste certificates to youngsters of single OBC moms doesn’t look like a “widespread concern” affecting the OBC communities at giant, although particular person instances could come up.

Additional solicitor common (ASG) SD Sanjay, who appeared for Centre together with advocate Amit Sharma, stated that the issuance of SC certificates to youngsters of single moms was primarily based on the observations made by the Supreme Court in a 2012 choice in Rameshbhai Dabhai Naika vs State of Gujarat, however no comparable judicial precedent exist regarding youngsters of single OBC moms.

Further, the affidavit revealed that OBC stands on a special footing as reservations below this class are topic to the creamy layer restrictions, which isn’t the case with reservation for SC/ST.

The Centre additionally objected to the maintainability of the petition filed below Article 32 for enforcement of elementary rights claiming that the petitioner isn’t an aggrieved occasion and issuing caste certificates is a part of govt or statutory coverage and never immediately from the Constitution.

“There isn’t any elementary proper to invoke Article 32 of the Constitution within the issuance of a caste certificates when there aren’t any elementary rights violated… Since it (affirmative motion insurance policies below the Constitution) flows from govt or statutory coverage and never the Constitution immediately, no violation of a elementary proper arises merely because of lack of a nation-wide coverage to concern caste certificates to wards of single OBC moms,” the Centre stated.

The authorities urged the court docket to not go any hasty order on this regard as within the context of OBC reservation, the applying of the creamy layer precept – which incorporates well-to-do members of the OBC group from availing reservations – will complicate any blanket extension of advantages within the OBC class. “Any coverage shift on this regard should come from a deliberate legislative or govt course of, slightly than advert hoc judicial instructions, significantly within the absence of empirical knowledge justifying such inclusion,” the response stated.

Further, the entitlement to OBC standing for kids of single moms will contain broader socio-legal and coverage implications. “Any choice taken in haste at this stage could lead to inconsistent or fragmented implementation, opposite to the target of guaranteeing a uniform and equitable framework for OBC recognition,” it added.