On December 17, 2024, the Delhi High Court has ruled in favor of a minor petitioner seeking a Scheduled Caste certificate under the Constitution (Scheduled Castes) (Union Territories) Order, 1951, despite the absence of a formal divorce decree or judicial separation.
The petitioner, represented by his mother, approached the court after multiple attempts to secure the certificate were rejected by the Government of NCT of Delhi. The refusal was based on the condition that the caste certificate could only be issued with the father’s consent or involvement, a stipulation the petitioner could not meet due to his father’s long-term abandonment.
In the case, the mother of the petitioner had been raising him alone for over 15 years after his father left the family without explanation. Despite her continuous efforts to secure a caste certificate for her child based on her own Scheduled Caste status, the respondent authorities contended that the application could only be processed if the petitioner’s father provided a legal document, such as a decree of divorce or separation. This stance was based on the guidelines for issuing caste certificates, which mandate a connection to the paternal side.
However, the High Court, led by Justice Sanjeev Narula, took a progressive view of the matter, emphasizing that the intent of the circulars issued by the Delhi Government in 2020 and 2022 was to provide relief to children in precarious familial situations. The court stated, "The expression 'separated/ divorced/ single women' cannot be construed narrowly to deprive the Petitioner of equitable relief." It further asserted, "To insist on a judicial separation order or a divorce decree is to insist on form over substance, ignoring the lived truth of a deserted family unit."
Justice Narula pointed out that the petitioner’s mother had been acknowledged as a member of the Scheduled Caste community and had already received her caste certificate, reinforcing the validity of the petitioner’s claim. The court ruled that, "Children should not be penalized because their father chose abandonment over legal finality."
The court ordered the respondent to reconsider the application for the caste certificate, directing that "within two weeks of receiving this representation, the Respondent shall examine the Petitioner’s case on its merits." It further clarified that the absence of a divorce decree or judicial separation should not be the sole ground for rejection, stressing that a long-standing abandonment could be considered equivalent to separation in this context.
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