http://timesofindia.indiatimes.com/Can_child_be_Dalit_if_father_is_not/articleshow/2912383.cms

Can child be Dalit, if father is not?
31 Mar 2008, 0024 hrs IST,Subodh Ghildiyal,TNN

NEW DELHI: The social justice ministry wants Dalit status for a child
born to a non-SC father and a Dalit mother, despite the law ministry
terming the move illegal on technical grounds.

The social justice ministry is looking to overturn an apex court order
which had ruled that a child of a non-SC father would be ineligible
for SC status because, by convention, caste is inherited from the
father.

The ministry, however, feels that the principle making the father the
sole determinant of a child's caste status militates against the idea
of "gender equality".

In the process, it has chosen to ignore objections from key ministries
against the idea and its implications, as well as the proposal's
technical soundness.

The law ministry has observed that the proposal seeks to include
children of inter-caste Dalit marriages in the notification issued
under Article 341 (2) of the Constitution, even though its mandate was
inclusion or exclusion of a community in the list of caste, race or
tribe.

"As such, it appears the proposal is not in the spirit of the
provisions of Article 341 of the Constitution," the opinion from the
department of legal affairs said.

The social justice ministry, however, has rejected this view, saying
the proposal only looks to widen the scope of the Constitution's
provisions about Scheduled Castes under Article 341 (1), which has a
precedent in the inclusion of Sikhs and Buddhists in the Scheduled
Caste list.

The proposal has also invited strong opposition from National
Commission for Scheduled Castes, which has expressed apprehension that
granting of SC status to a child born to a non-Dalit father would be
prone to misuse by general categories.

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