The Bench of Justices SB Shukre and GA Sanap reasoned that most families in India follow the patriarchal family pattern and thus all members are to be considered in law as belonging to same caste or tribe.
The Court also stated that a document stood as conclusive proof for one person would also stand as conclusive proof of social status of another person, if such other person is a paternal relative of first person possessing the validity certificate except in a case where the validation of caste or tribe certificate is vitiated by fraud, misrepresentation of facts or suppression of facts.
Importantly, the Bench also cautioned the Caste Scrutiny Committees across Maharashtra not to disobey the orders of courts and said it would take a serious action in future if any such committee is found to be breaching High Court orders.
“We sound a caution to not only to the Scrutiny Committee at Thane but also to all other Scrutiny Committees against venturing to disobey orders of superior Courts and scrupulously follow the directions issued by the superior courts. We make it clear that, in future, if it comes to our notice that these directions have not been followed by any of the Scrutiny Committees, this Court shall take a serious view of the breach that may be committed by any of the Scrutiny Committees,” the Court warned.
Source: Barandbench
