Kerala High Court Directs KIRTAD To Hear BCom Student Seeking Community Certificate On Basis Of Mother's Caste

The Kerala High Court on Monday set aside the reports prepared by the Kerala Institute for Research Training and Development (KIRTAD) recommending against grant of community certificate to a 19 year old B.Com student born to an inter-religious couple. Petitioner's mother belonged to 'Paniya' community, a recognized Scheduled Tribe community and father to Orthodox Syrian Christian. She claimed to be raised within the cultural bounds of the Paniya Tribe as her paternal family was estranged to them.Single Judge Bench of Justice Viju Abraham, found that the reports by the authority was prepared without adverting to the relevant facts and circumstances of the particular case. It thus directed KIRTAD to reconsider her case after providing an opportunity of hearing.The petitioner was aggrieved that despite applying for a caste certificate, the Tahsildar, Taluk Office, Thrissur (4th respondent herein) rejected the request on finding that the petitioner and her family allegedly led a life distant from the way of life and social circumstances of the Paniya community. The petitioner however, asserted that she had been residing in Paniya Colony since her birth and that her mother had constructed a house after receiving financial assistance for Scheduled Tribes from the Government authorities, as well as was covered under the Rice Distribution Scheme for Scheduled Tribes. She further stated that a certificate had also been granted by the Head (Moopen) certifying that the petitioner belongs to the Paniya community and was brought up in that community. The petitioner averred that in spite of the same, the KIRTADS enquired into the matter and submitted a report against the petitioner, without affording her an opportunity of being heard. When the petitioner had challenged the same vide another writ petition, the Court had disposed of the matter by directing KIRTADS to reconsider the matter after affording an opportunity of being heard to the petitioner. The petitioner submitted that subsequently, after the enquiry was conducted, report was submitted, holding that the petitioner did not belong to the Scheduled Tribe Paniya community of Kerala, but the Orthodox Syrian Christian community. She stated that the Scrutiny Committee also rejected the Scheduled Tribe Paniya claim of the petitioner and cancelled all community certificates issued to that effect., and an order was issued by the Government holding neither the petitioner nor her siblings eligible for any of the benefits extended to the members of the Scheduled Tribe community. It is on being aggrieved by the same that the petitioner approached the Court with the present writ. Advocates Kaleeswaram Raj and Thulasi K. Raj argued that the assumption that the offspring of a lower social ranked woman who marries a higher ranked man would be more attached to the higher ranked father, and free from the social stigma that a Scheduled Tribe community supposedly carries forward, that formed the basis of the report, was vitiated. The counsels submitted that a general assumption could not be made that the offspring would be attached to one caste status than the other. The petitioner specifically averred that caste disability does not vanish even after someone marries a person belonging to a higher caste. Additionally, the counsels argued that none of the contentions raised by the petitioner had been considered by the KIRTADS, the Scrutiny Committee or the Government. The Government Pleader Sunilkumar Kuriakose on the other hand, argued that the petitioner had suppressed relevant facts in the case. It was averred that the maternal grandparents of the petitioner had converted Christianity and that her mother's caste as entered in school records was that of Christian Jacobite. "Therefore, it is evident from the petitioner's mother's generation that they were away from the cultural background of Scheduled Tribe Christian Paniya community. From the marriage of the parents of the petitioner, the cultural belief of her mother deviated to Orthodox Christian, as the father of the petitioner belongs to said community," it was argued. It was thus submitted that the cultural values and ethos accumulated and socialization process accomplished by the petitioner were largely borrowed from the paternal side. Findings of the CourtThe Court at the outset perused the decision in Indira v. State of Kerala (2006), wherein it had been held that even if one of the parent belonging to Scheduled Caste/Scheduled Tribe community, the child would be entitled for the benefit of the said community, but the crucial aspect to be considered would be 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 Court noted that none of the contentions raised by the petitioner had been considered by the respondents in issuing the reports. "Though stated in the...

Kerala High Court Directs KIRTAD To Hear BCom Student Seeking Community Certificate On Basis Of Mother's Caste

Navya Benny

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