• ST status of General father and ST Mother

My grandfather was from general category and grandmother from ST. Grandfather had cut ties with his family after marriage and settled in tribal area. He passed away when my father was a teen and all his kids were raised in tribal community. My father was issued ST status by guidelines of MHA circular of 1977 after proper scrutiny in 1980s. Now people are questioning the legitimacy of the ST certificate. Will the ST status be nullified now after all this years? Should we be insecure?
Asked 2 months ago in Family Law
Religion: Other

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14 Answers

You should not be insecure You have a valid ST certificate

you have been brought up in a tribal area your mother is tribal and father also had tribal certificate and your family basically consist  of tribals 

Ajay Sethi
Advocate, Mumbai
97954 Answers
7943 Consultations

Your father’s ST certificate, issued under the 1977 MHA circular, is valid if properly scrutinized. As he lived in the tribal community and the certificate has been in use for decades, nullification is unlikely unless fraud is proven.

What to Do:

  1. Keep all supporting documents (ST certificate, tribal residence proof).
  2. Respond promptly if questioned with valid evidence.
  3. Consult a legal expert if needed.

The risk of nullification is low if the certificate was legitimately issued.

For personalized advice, consider a phone consultancy. Hope this helps! Spare two minutes for a review—much appreciated! Thank you. Shubham Goyal.

Shubham Goyal
Advocate, Delhi
803 Answers
3 Consultations

There's no illegality in your father obtaining ST certificate based on his mother's community.

His mother belonged to ST community hence he had an option to choose the community of either of his parents.

Therefore his option to choose his mother's community is very legally valid and cannot be disputed by anyone.

The people who are questioning the legitimacy of his ST community are ignorant of law.

T Kalaiselvan
Advocate, Vellore
88154 Answers
2382 Consultations

This s the settled law that case status of a child may be determined by the caste of his mother than his father if the child is raised by the mother alone in her own caste and tribe.

In this case the mother did not sacrifice her caste and rather her husband the same caste and culture.

Therefore, there is nothing wrong in the ST Certificate. 

Devajyoti Barman
Advocate, Kolkata
23421 Answers
527 Consultations

It depends on what the referred circular MHA 1977 says. There are many circulars issued in 1977. Refer to exact details of circular on which you rely. 

Ravi Shinde
Advocate, Hyderabad
4648 Answers
42 Consultations

The paternal lineage will be taken as the authentic and settled one to determine the offspring's caste. However, if the child's mother belongs to a reserved category and the child wish to get benefits, in view of her mother's backward caste, it's possible. The child can choose the community of either parent.

The caste of a child is usually determined by the caste of their parents, especially the father. 
However, the caste of a child can vary depending on state laws, government policies, and court judgments. 
In some cases, a child can choose to belong to either parent's caste. 
A child can also get a community certificate that lists the caste of either parent. 

T Kalaiselvan
Advocate, Vellore
88154 Answers
2382 Consultations

ST certificate would not be nullified 

Ajay Sethi
Advocate, Mumbai
97954 Answers
7943 Consultations

These cases are very common in various Courts of India and Supreme Court. I can understand your concern in this regard. I have examined the link you posted and annexure B regarding the legal views on the issue. 

As you know that scheduled Tribes are the people belonging to tribes, who often live in forests, although there are some nomadic tribes as well. As these people are usually not a part of any organized religion, they are commonly considered outcastes. Socially they have their own traditions, dressing styles, food habits and a distinguished culture.

In State of Maharashtra v. Milind (2001) Hon'ble Supreme Court held that by virtue of powers vested under Articles 341 and 342 of the Constitution of India, the President is empowered to issue public notification for the first time specifying the castes, races or tribes or part of or groups within castes, races, or tribes which shall, for the purposes of the Constitution be deemed to be Scheduled Castes or Scheduled Tribes in relation to a State or Union Territory, as the case may be. The language and terms of Articles 341 and 342 are identical. What is said in relation to Article 341 mutatis mutandis applies to Article 342. The laudable object of the said articles is to
provide additional protection to the members of the Scheduled Castes and Scheduled Tribes having regard to social and educational backwardness from which they have been suffering since a considerable length of time. The words “castes” or “tribes” in the expression “Scheduled Castes” and “Scheduled Tribes” are not used in the ordinary sense of the terms but are used in the sense of the definitions contained in Articles 366(24) and 366(25). In this view, a caste is a Scheduled Caste or a tribe is a Scheduled Tribe only if they are included in the President's Orders issued under Articles 341 and 342 for the purpose of the Constitution. Exercising the powers vested in him, the President has issued the Constitution (Scheduled Castes) Order, 1950 and the Constitution (Scheduled Tribes) Order, 1950. Subsequently, some orders were issued under the said articles in relation to Union Territories and other States and there have been certain amendments in relation to Orders issued, by
amendment Acts passed by Parliament.

 

Subsequently in KP Manu v. Chairman, Scrutiny Committee (2015) Hon'ble Supreme Court held that three things that need to be established by a person who claims to be a beneficiary of the caste certificate are:(i) there must be absolutely clear-cut proof that he belongs to the caste that has been recognized by the Constitution (Scheduled Castes) Order,1950; (ii) there has been reconversion to the original religion to which the parents and earlier generations had belonged; and (iii)there has to be evidence establishing the acceptance by the community. 

 

Apparently, in the given facts, you belong to ST. However, detailed discussion is required in such cases with complete facts/documents. 

You may contact my secretary to connect with me for clarification. 

 

 

Shri Gopal Verma
Advocate, Delhi
412 Answers
19 Consultations

As father was issued ST certificate and he was accepted by your community, your status as ST cannot be nullified as per the circular referred by you. No need to be worried. 

Ravi Shinde
Advocate, Hyderabad
4648 Answers
42 Consultations

Based on the MHA circular of 1977 and the facts you’ve shared, your father’s ST status should remain valid if it was issued following proper scrutiny and documentation. Here’s an analysis of the situation:

1. Validity of the ST Certificate


  • MHA Circular of 1977: It states that children of a tribal mother and non-tribal father may be considered Scheduled Tribe (ST) if they are accepted by the tribal community and have been raised in that community. Your father’s circumstances seem to align with these conditions.

  • Long-Term Use: Since your father’s ST certificate was issued in the 1980s and has been in use without objections for decades, it strengthens its legitimacy.

2. Risk of Nullification


  • Unlikely to Be Nullified: The certificate can only be invalidated if it is proven that it was obtained through fraud or misrepresentation.

  • Burden of Proof: Those questioning the certificate must provide strong evidence to challenge its legitimacy. The burden of proof lies on them.

3. What You Should Do

  1. Collect Supporting Documents:

    • Original ST certificate.
    • Proof of your family’s integration into the tribal community (e.g., residence in tribal areas, community acceptance letters).
    • Relevant records or documents referenced during the certificate’s issuance.

  2. Respond to Challenges: If the certificate is questioned, respond promptly with documentation proving its legitimacy.

  3. Seek Legal Assistance:

    • Consult a lawyer with expertise in caste or tribal certification cases to prepare for any inquiry or challenge.
    • If required, file a writ petition in the High Court to prevent undue harassment.

Conclusion

Your father’s ST certificate, issued under the 1977 MHA circular, has strong legal standing if it was granted based on genuine circumstances and proper scrutiny. Nullification after decades of legitimate use is unlikely unless fraud is proven.

For detailed, personalized advice, consider a phone consultancy. Hope this helps! If you could spare two minutes for a review, it would be greatly appreciated and bring immense happiness. Thank you!

Shubham Goyal
Advocate, Delhi
803 Answers
3 Consultations

I’d same are against the provisions of law it can be. But in your case the caste scrutiny committee will decide the same 

Prashant Nayak
Advocate, Mumbai
33193 Answers
218 Consultations

1.Ordinarily the son gets the caste of his father.

 

2. Your case becomes easier since your father was issued ST status by the appropriate authority of the Government of Maharashtra.

 

3. The other side shall have to get a Court order for withdrawing the ST status of your father and at that time you shall have to chance to contest fittingly.

Krishna Kishore Ganguly
Advocate, Kolkata
27538 Answers
726 Consultations

1. The rule by no means is absolute in the instant case.

 

2. The opinion will be situational.

 

3. You shall have to contest the case if filed against your father or you for cancelling the ST status of your father which was issued by the Govt. of Maharashtra.

 

 

Krishna Kishore Ganguly
Advocate, Kolkata
27538 Answers
726 Consultations

Dear Client,   

  

As stated in the Home Ministry Circular of 1977 and the following judgments of the Supreme Court, the Scheduled Tribe (ST) status of a child born to a tribal mother and a non-tribal father depends on factors such as upbringing, acceptance by tribal communities, and adherence to tribal customs. Your father has been a subject of scrutiny in regard to ST status and has been notified as such. He has actually been living within the tribal community; hence the certificate is valid in law.   

  

Once an ST certificate is issued by the competent authority on due verification, it is assumed to be valid unless challenged in competent authority or court and proven to be fraudulent. If there are any objections to the certificate produced, they have the option to file a complaint that entails an inquiry by the Scrutiny Committee. If the inquiry exonerates the certificate, there should be little cause for concern.   

  

In view of the impending possibility of challenges, your father should ensure that he retains copies of all documents regarding the original ST certificate, previous verifications, community acceptance records, and any correspondence from the government affirming his standing. If an inquiry were to be initiated, available recourse through the law remains open, the general position being that courts generally tend to favor the position of the ST individual when he has been living as a tribal member for decades and is recognized as such.   

  

Hope this helps. Let me know if you need further guidance. 

Anik Miu
Advocate, Bangalore
10518 Answers
122 Consultations

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