Justice Viju Abraham was considering a petition filed by a student seeking a declaration that she belongs to the ‘Paniya’ caste and is entitled to all the benefits of Paniya caste and for issuance of a community certificate in that regard.
While the petitioner’s father belongs to Orthodox Syrian Christian Community, her mother hails from the Hindu Paniya community.
The Paniya community is a recognized Scheduled Tribe community as per Second Schedule to the Constitution (Scheduled Tribes) Order, 1950.
Justice Abraham opined that so long as society has accepted her to their original fold as one among them, and she is living in the same social tenet, she can be considered as belonging to the Paniya community.
“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 the society has accepted the claimant to their original fold as one among them and is living in the same social tenet,” the judgment said.
Source: Barandbench
