Lawfully Yours: By Retired Justice K Chandru | Children of inter-caste couple can opt for caste of either parent

Marriage or adoption doesn't automatically bring along caste status

Q: My grandparents belonged to the 'Sambava' tribe, which is notified as a Scheduled Tribe. Later, they converted to Christianity. Accordingly, we belong to the 'Dalit Christian' category. In this regard, please clarify whether I belong to the Scheduled Tribe (ST) category or not.

Secondly, my wife belongs to the 'Mara' tribe of Mizoram, a Scheduled Tribe. Here, my question is, which category do my children belong to -- SC, ST, OBC or General?

-- Johny TO, Aizawl, Mizoram

A: The law is clear as of date.

A caste is a Scheduled Caste or a tribe is a Scheduled Tribe only if they are included in the President's Order issued under Articles 341 and 342 for the purpose of the Constitution.

If a person belonging to a scheduled tribe converts to Sikh, Jain or Buddhist religion, he can still retain the ST status. But if he becomes a Christian or Muslim, then he does not carry the ST status with him, and he has to forgo whatever rights or concessions extended by the government to STs.

You may call your status a Dalit Christian since even among the Christian faith, the caste system is maintained. In states like Tamil Nadu, Dalit Christians are given Backward Class status.

As regards children born out of wedlock with your wife, who is a 'Mara tribe, you must know marriage or adoption doesn't automatically bring along caste status. But in the case of children born out of intercaste marriage, they can opt to have either their father's caste or mother's. But it must be proved that caste has accepted them into their fold. It is one of fact.

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Law is clear: Certified copy admissible as evidence under Indian Evidence Act

Q: We don't possess the original title deed of a property we want to register. However, the Sub Registrar's Office (SRO) is insisting on the same to register the land lease agreement stating that a certified copy is not admissible under the Indian Evidence Act.

The registration department is not adhering to the verdicts given by the Supreme Court in this regard. The SRO says it did not receive a circular from the Registration department regarding this matter. We were told to file a petition for a writ of mandamus to get the necessary directions. Please advise.

~~ Vijaykumar Ranjitsingh, Coimbatore

A: Now that the position of law is apparent and that the government has notified all registrars in the registration department, you can tell the officer concerned that he can register the documents without the originals of the parent documents being produced.

If he still insists on the parent documents, as you stated, you can move the High Court with a suitable writ petition to get appropriate directions.

Your legal questions answered by Justice K Chandru, former Judge of the Madras High Court Do you have a question? Email us at citizen.dtnext@dt.co.in