Cast certificat
Respected Sir,
I needed some legal help.
There is one person who comes into the general cast. The man's parents divorced from One Sided Divorce in 2006 and the man puts his mother's name and surname behind his name. Her father left home 21 years ago from today. And his father side any person is not in contact with him. Where they stay he doesn’t know.
Now he wants general cast certificate as “hindu dakshini bramhin”. His father is belongs to hindu shatriy Maratha. Both are in general cast and not get any Reservations. He is educated in Central Board School so in his TC school was written that he doesn’t belong to SC/ST. The school has also given it in written that he is not belongs to S.C./ S.T. In addition, he has a EWS certificate of Gujarat govt. In which it is clarified that he is non-reserved caste. Now when he asks for a caste certificate, government officer reject it. If he submit LC of his father / grandfather / uncle then and then only he get caste certificate. If this person puts his mother's name and surname behind his own name, he is not given a based on his mother's certificate.
The Hindu Minority and Guardianship Act, 1956 of our country, “Section 6 violates Article 14 as it confers natural guardianship on the child’s father disregarding the mother. Both the parents being equal partners in parenthood need to have an equal say in the matters of their child’s welfare. The concept of guardianship needs to be made gender neutral. ”
On the basis of which the mother has also got the right to equal treatment. According to this amendment, the meaning of the word after is also explained. That
In the phrase the father and after him, the mother the word ‘after’ need not necessarily mean after the lifetime of father. In the context in which it appears in section 6 (a) it means in the absence of, the word absence therein referring to the father’s absence from the care of minor’s property or person for any reason whatsoever. If the father is wholly indifferent to the matters of the minor or if by virtue of mutual understanding between the parents, the mother is put exclusively in charge of the minor or if the father is physically unable to take care of the minor for any reason whatsoever, The father can be considered to be absent and the mother being a recognized natural guardian can act validly on behalf of the minor as the guardian.
What can be done in this case? Who should write next and take action?