'Marital status no bar for child's caste certificate'
New Delhi, June 24 -- Children of single mothers from other backward classes should be entitled to OBC certificates irrespective of the parents' marital status, the Centre has told the Supreme Court, adding that it was for the states to initiate the process.
The response of the Centre came on a public interest litigation (PIL) filed by retired Municipal Corporation of Delhi (MCD) school teacher Santosh Kumari who questioned the capital's policy that allowed OBC certificates to be issued to any "paternal blood relative".
The petition sought a nationwide policy to ensure such certificates are issued to children of single mothers belonging to OBC category, regardless of whether they are separated or divorced.
The response filed by the department of social justice and empowerment, Government of India, said, "The central government is of the view that any child born to an OBC parent, whether the parents are separated or divorced, should be entitled to an OBC caste certificate based on the credentials of either the OBC father or the OBC mother, depending on who has custody or is actively raising the child."
The extension of such benefits, it added, would require a "comprehensive re-evaluation of the criteria governing OBC classification, which are rooted in indicators of social and educational backwardness rather than merely lineage or parentage."
Further, it stated that in cases where an OBC certificate is to be issued based on the mother's credentials alone, "It must be clearly established that the child has been living with and has been brought up solely by the mother. Additionally, a preventive mechanism should be in place to prevent any potential misuse of this benefit."
The petition was filed on January 11; on January 31, the top court took it up and issued notice to the Centre and the Delhi government. The Centre's response -- which also asked for the petition to be dismissed and urged the court to not pass any "hasty decisions" -- came on June 9. Terming the plea "important", the Apex court on Monday said the matter required a detailed hearing.
"The present writ petition raises an important issue about issuance of OBC certificate to children of single mother wherein the mother belongs to the OBC," said a bench of justices K V Viswanathan and N Kotiswar Singh. The court said that the issue needs consideration from all angles. "What if a single mother has an inter-caste marriage. We have to look at the surrounding circumstances...Let us see if states have issued guidelines in this regard, we can use it," the bench added.
In India, OBC certificates are issued by the sub-divisional magistrates in every district and tehsil and the guidelines regulating the issuance of such documents varies from state to state....
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