'Irrespective of religion, caste certificate is basic right'; Kerala HC with decisive ruling

KOCHI: The High Court on Thursday directed the Vaikom Tahsildar to issue a certificate of Pulaya(Dalit)community membership to a girl born to a Pulaya community mother and a Christian father, for educational purposes of the child. Justice Devan Ramachandran ordered that the certificate be issued within a month as the court discerned that all factors were in favour of the family.

The court observed that the living conditions of people belonging to different communities should also be taken into account in such situations. This was after the Amicus Curiae's report that the child grew up experiencing social and economic disadvantage. The amicus curiae stated that the village officer had given a report that the couple married according to Hindu customs were living in the same manner without getting converted.

The petition was filed by a resident of Kuruppanthara in Kottayam district, against Revenue Secretary and others. The certificate was not issued as the husband had not converted to Hinduism. The RDO also rejected the application considering that they belonged to different communities.

It was stated in the petition that the application was made for education for the child belonging to the Pulaya community and this certificate had been granted earlier. The family is in dire financial straits as the husband is bedridden. The Tahsildar denied the certificate despite the Village Officer giving a favourable report.

This happens at a time when there exists no rule that people of other religions married to SC/ST people should convert to be eligible for SC/ST certificate.