Socio-economic deprivation essential in evaluating caste benefits: Kerala HC

The Kerala High Court recently held that the benefits available to Hindu Paniya community (Scheduled Tribe) would be extended to the child of an inter-faith marriage, more so, when the said community followed a matrilineal system of heritage and there was evidence to show that the claimant faced social/economical or educational deprivation. The Court was hearing a petition seeking caste benefits by a female, born out of wedlock between a Christian man and a Hindu woman, belonging to Paniya community.

Justice Viju Abraham, while allowing the petition, observed, “The petitioner’s specific case is that she was residing in a building which was constructed in Paniya Oorukootam in Nenmeni Grama Panchayat and her Birth Certificate would show that she was born at Sulthan Bathery. The petitioner has also produced Exts. P10 and P11 documents which are certificates issued by the Head (Moopan) of the Govindamala Paniya Tribal Colony intimating that the community follows a matrilineal system and that the petitioner belongs to the Paniya Community and she was born and brought up in that community. It is seen that while issuing Exts. P12 and P14 reports, none of these contentions were properly considered by respondent no. 2”

The petitioner, placing reliance on the judgment in S. Paul Raj v. Tahsildar, 2021 SCC Madras OnLine 6091, contended that conversion from one religion to another does not change the caste of a person and therefore, the fact that the petitioner was baptised as per Christian rites cannot disentitle her from her caste and the caste benefits flowing thereto.

“Going by the decision in Indira v. State of Kerala, AIR 2006 KER 1, even if one of the parent belonging to Scheduled Caste/Scheduled Tribe community, the child is entitled for the benefit of the said community, but the crucial aspect to be considered is as to whether the claimant has suffered disability socially, economically and educationally and society has accepted the claimant to their original fold as one among them and is living in the same social tenet”, Court at the outset said.

Brief Background

The petitioner was a B.Com student at Vimala College, Thrissur.

She belonged to the ‘Paniya’ community, which was a recognised Scheduled Tribe community as per the second schedule to the Constitution (Scheduled Tribe) Order, 1950.

The petitioner was residing at Nenmani, Sultan Bathery inside the Govindamala Tribal Colony. As per a certificate issued by the Tribal Extension officer, Sulthan Bathery dated 22.06.2011, the mother of the petitioner was granted an amount of 42,000/- for the construction of a residential building, in a scheme specifically meant for the members of the ST community. Moreover, the caste certificate issued to the mother of the petitioner revealed that she belonged to the Hindu Paniya community.

Noticeably, the petitioner’s father belonged to the orthodox Syrian Christian community. The school admission register and SSLC certificate revealed petitioner’s caste as Christian, converted from the Hindu Paniyan community.

Dispute arose when the petitioner’s caste was not recognised as Hindu Paniya, despite placing on record sufficient evidence to support her claim.

“Even if the Claimant and her sibling were born at Sulthan Bathery, they were brought up at Piravam, Ernakulam at their father's place. Both of them also had done their schooling at Piravom. Just as her grandmother, the mother of the claimant has also engaged in inter- caste/culture marriage. The trend of marital practices for this type of inter-caste marriage can be interpreted as a lower social ranked woman marrying a higher-ranked man. It evidently reveals that the socialization process of the offspring of such couples is more attached to the high-ranked Father”, findings of the government report as placed before the Court, stated.

Case Title: Rebeka Mathai v. State of Kerala | WP (C) No. 27063 of 2019