Child of Tribal Mother Also Entitled to ST Benefits, Says Himachal Court in Landmark Verdict
Rampur (Kinnaur), October 2: In a significant judgment, the Special Judge of Kinnaur at Rampur ruled that a child born to a Scheduled Tribe (ST) mother cannot be denied ST status solely because the father belongs to a general category. The court referred to Article 366(25) of the Indian Constitution, stating that there is no rigid definition that excludes children of tribal women from ST classification.
The court made this observation while hearing a case involving a teacher accused of using a fake ST certificate to gain promotions. However, the court upheld the validity of the certificate, stating that it was issued in 1981 when the teacher was eight years old and living with his mother in Kinnaur.
Background of the Case
A complaint filed in March 2017 alleged that the teacher, who was originally appointed as a Junior Basic Teacher (JBT), used a fraudulent ST certificate to receive promotions and financial benefits. The complainant claimed the teacher’s father was a permanent resident of Shimla and had married a tribal woman from Kinnaur.
Court’s Observations
The court noted that the ST certificate was issued based on the reports of the local Patwari and village head. The teacher’s mother belonged to a Scheduled Tribe, and both his upbringing and early education took place in Kinnaur, in a tribal setting. The court found no credible evidence from the prosecution to prove the certificate was fake.
Legal Reference
Referring to the Supreme Court judgment in Rameshbhai Dabhai Naika v. State of Gujarat, the court reiterated that children born from marriages between tribal women and non-tribal men can claim tribal status if raised in a tribal environment.
3 Comments