No benefits for non-tribal married to tribal
The Supreme Court has ruled that a non-tribal man married to a tribal woman or their children cannot claim the benefit of government reservations for tribals.india Updated: Feb 15, 2006 23:31 IST
In a significant judgement, the Supreme Court has ruled that a non-tribal man married to a tribal woman or their children cannot claim the benefit of government reservations for tribals.
A bench of judges HK Sema and AR Lakshmanan said a certificate guaranteeing a person's tribal origins could only be granted to those whose who suffered disabilities because of their origins.
"The offshoots of the wedlock of a tribal woman married to a non-tribal husband cannot claim Scheduled Tribe status" as they would be brought up in the atmosphere of a forward class and not be subjected to any disability," the court said in an order issued on Tuesday.
The bench held "a person not belonging to the Scheduled Castes or Scheduled Tribes claiming himself to be a member of such caste by procuring a bogus caste certificate is a fraud on the Constitution of India".
Writing the judgment, judge Sema said: "The impact of procuring bogus caste certificate and obtaining appointment/admission from the reserved quota will have far-reaching grave consequences.
"The meritorious reserved category candidate may be deprived of reserved category for whom the post is reserved."
Deprecating the practice of getting bogus caste certificates, the court said: "The Scheduled Castes and Scheduled Tribes is not a bounty to be distributed. To sustain the claim, one must show that he/she suffered disabilities - socially, economically and educationally cumulatively."
The bench pointed out that the object of various provisions in the Constitution was to provide preferential treatment for Scheduled Castes and Scheduled Tribes with regard to their economic and educational backwardness and other disabilities.
The transplantation of outsiders as members of the Scheduled Tribes might dilute their way of life apart from such persons not suffering any disabilities.
The court gave its judgment while dismissing an appeal filed by a man named Anjan Kumar of Gaya in Bihar who was born out of a marriage between a forward class man and a woman from the Oraon tribe in Madhya Pradesh.
Kumar was denied final posting as an Indian Information Service Grade-A officer despite having cleared the 1993 Civil Services Examination in the Scheduled Tribe category. He made the appeal in the apex court after the high court rejected his petition.