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High Court to Decide Girl's Caste

Woman seeks direction to include her daughter - born out of an i ntercaste marriage - under her community

Published: 05th March 2014 07:55 AM  |   Last Updated: 05th March 2014 08:11 AM   |  A+A-

The Madras High Court has sought the State government’s response on a petition from a woman, who had an intercaste marriage, to treat her daughter as having born in her caste instead of her husband’s caste.

A Tirunelveli resident S Parameswari, who belongs to the Isai Vellalar community, which is recognised as a Backward Community, had married Sankaranarayanan who belongs to the Vellalar caste (a Forward Community) in 1992. While enrolling her children including daughter Gomathi Meena in school, she had mentioned that they belonged to her caste - Isai Vellalar.

Meena is now studying in class XII. Recently while issuing the community certificate the Ambasamudram Tahsildar described her as a member of the Vellalar community, to which her father belongs. Due to this, the girl has lost her Backward Community status. Petitioner’s counsel contended that the mother has every moral and legal right to decide her daughter’s community and the Tahsildar cannot insist that the girl must adopt her father’s caste. Citing ancient belief, he said that in the Hindu epic Mahabharat, sage Vyasar, who was a Brahmin, begot children through his brother’s wife. Yet the children - Dritharashtra and Pandu were identified as Kshatriyas and not Brahmins. Likewise, Kunthi who begot five children through various Gods had passed on only the Kshatriya caste to them.

The court directed the Government Advocate to get appropriate instructions from the State on the specific case and adjourned the proceedings to March 17 for final orders.

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