Lawfarm Team
in Family Law Constitutional Law
Asked May 28, 2016

Changig to SC : Mother is SC

  • 1 Answer
  • 231 Views

I wanted to know if i could change my caste from General to ST, as one my parent's (Mother) caste is ST. I m 23 years old and completed my graduation. So if caste change is possible then it also would require changes in my documents as i would opt my mother's maiden name. So what would be the procedure, will it take time, or will it be just a simple task.

Answer 1

Yes, one can use one's mother's caste subject to certain conditions. The position as summarized in the case of Rameshbhai Dabhai Naika v.​ State Of Gujarat & Ors[1], is: "In an inter- caste marriage or a marriage between a tribal and a non-tribal there may be a presumption that the child has the caste of the father. This presumption may be stronger in the case where in the inter-caste marriage or a marriage between a tribal and a non-tribal the husband belongs to a forward caste. But by no means the presumption is conclusive or irrebuttable and it is open to the child of such marriage to lead evidence to show that he/she was brought up by the mother who belonged to the scheduled caste/scheduled tribe. By virtue of being the son of a forward caste father he did not have any advantageous start in life but on the contrary suffered the deprivations, indignities, humilities and handicaps like any other member of the community to which his/her mother belonged. Additionally, that he was always treated a member of the community to which her mother belonged not only by that community but by people outside the community as well." The process might slightly vary for different states, and so will the time period of clearing of files. For Assam, these are the links/forms[2]: To change your name: Time taken as per www.assam.gov.in – 3 days Form can be obtained from this link Supporting documents needed:
  • Scan copy of application form
  • Paper cutting for Name Change. (Mandatory in case of change of Name )
  • Affidavit for Name Change. (Mandatory in case of change of Name )
  • New Residence Proof. (Mandatory in case for change of Address)
  To get a Caste Certificate: Time taken as per www.assam.gov.in – 30 days Form can be obtained from this link Supporting documents needed:
  • Scan copy of application form
  • One passport size photograph of the applicant
  • Permanent   resident   certificate   or   any   other   proof   of   residency   Caste certificate of parents or any supporting proof of caste status
  • Affidavit by the applicant or parents in lieu of (c)
  • Report of Gaonburah in case of rural areas/ Ward Commissioner in case of urban areas
  • (Recommendation of the Gaonburah / Ward Commissioner may be skipped if the parents of the applicant has already been issued SC Caste certificate)
  • Recommendation   of   President/Secretary   of   District   President   of Anuhushit Jati  Parishad / Chairman of Scheduled Caste Development Board  / President /  Secretary  of the  Apex body of caste organizations authorized by Govt. as the case may be
    [1] CIVIL APPEAL NO. 654 OF 2012 [2] www.assam.gov.in See http://assam.gov.in/download-e-form for other forms.
Agree Comment 0 Agrees about 1 year ago

Please Login or Register to Submit Answer

Do you have a Will?
Why not create one now for free in under 10 minutes!

Get started now