http://timesofindia.indiatimes.com/NEWS/India/Child_with_non-Dalit_dad_may_get_SC_tag/articleshow/1055395.cms

Child with non-Dalit dad may get SC tag
Subodh Ghildiyal
[ 5 Jan, 2007 0143hrs ISTTIMES NEWS NETWORK ]


NEW DELHI: Brushing aside objections from the National Commission for
SCs, the social justice ministry (MSJ) is pressing ahead for SC status
to a child with either of the parents from the Dalit community.

NCSC had raised fears that giving SC status to a child born to a
non-Dalit father in a mixed-Dalit marriage would be prone to misuse by
general categories besides triggering an unfair competition for
reservation benefits between wards of SC fathers and non-SC fathers
and increasing the number of beneficiaries for reservation benefits.

MSJ has rejected the Dalit panel's objections as militating against
the principle of "gender equality", for which the change is being
sought. Presently, the caste of a child is to be derived from the
father. A note has been circulated to seek cabinet approval for
amendment to the constitutional order, 1950, to enable a
"gender-neutral" policy.

MSJ's move, limited to Dalits, could push the tribal affairs ministry
into clarifying its stand on the issue vis-a-vis STs. Significantly,
JMM founder and senior tribal leader Shibu Soren had protested that
the proposed law would open floodgates for "outsiders" to use marriage
to usurp tribal property.

In a letter to minister Meira Kumar as well as NCSC, the then coal
minister had argued that if ST status was available to offsprings of
non-tribal fathers, non-STs would marry tribal women to usurp their
property. Observers, however, argue the complicated issue cannot be
rejected simply for fears of "misuse".

Inter-caste marriages, especially those between Dalits and non-Dalits,
have failed to pick up and caste remains a big roadblock in social
unity and progress. "How many non-Dalits will actually marry an SC
woman just for property or quota benefits for their children?"
wondered an official, rejecting the objections.

Caste status of a child with mixed parentage seems to be covering
quite a journey. It was settled that caste of such a child would
depend on his upbringing — if the influence of Dalit parent is more or
otherwise. Supreme Court in 2003 had ruled that caste in Indian
context flows from the father, thereby clarifying that a child of a
non-Dalit father cannot be a Dalit.


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