Single Mom's Adopted Son Denied Caste Certificate As 'Caste Is Carried From Father To Son'

3 April 2018

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After her adopted son was denied a caste certificate, a single mother has moved the Bombay High Court. The mother, who is a resident of Borivali, Mumbai, challenged the state government’s decision, which upheld the patrilineal concept of castes being passed down from father to son.

The mother filed a petition through advocate Pradeep Havnur with the Bombay High Court demanding for her son to be recognised as a ‘Mahyavanshi’, which comes under the Scheduled Caste (SC). “There was no father’s name on his birth certificate, it just had his mother’s name. Today, my son is using my name as a middle and surname,” the petitioner told The Indian Express. “This caste certificate will give my son an identity. I had used this caste certificate for my education and I want the same benefits for my son through this caste certificate.”

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The mother had adopted her son, now 14 years old, in 2009. However, despite giving him her name, when she applied for a caste certificate for her son on the basis of her own caste certificate, it was rejected by the Deputy Collector’s office, Dharavi Division on September 3, 2016. She also appealed to the District Caste Certificate Scrutiny Committee, Mumbai to no avail.

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On Monday, the Maharashtra government told the HC affirmed the requirement of documents from the paternal side as a provision for issuing caste certificates to an adopted son of a single mother doesn’t exist. A deputy collector told the HC that “caste is carried from father to son,” a TOI report stated.

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Speaking to the Indian Express, the petitioner added that she wanted to “set a precedent” for her state. She said, “Our Constitution gives right to males and females to adopt a child, if they are open for adoption then why not for issuing caste certificate?”