Child of Tribal Mother Cannot Be Denied Status: Rampur Court in ST Certificate Case
Photo used for indicative purpose only. Source internet
Rampur, Oct 3,
The Special Judge’s Court in Rampur, Kinnaur, has upheld the validity of a Scheduled Tribe (ST) certificate held by a teacher, rejecting allegations that it was fake and obtained for promotion purposes.
The case arose after a complaint alleged that the teacher had submitted a forged ST certificate to secure career benefits. However, the court noted that the certificate in question was issued when the teacher was only eight years old and residing with her mother in Kinnaur. The then Tehsildar had issued the document under the Constitution (Scheduled Tribes) Order, 1950, the Scheduled Castes and Scheduled Tribes Lists (Amendment) Act, 1965, and the Himachal Pradesh Act, 1970.
Citing Article 366(25) of the Constitution of India, the court observed that the provision does not define Scheduled Tribes in a manner that excludes a child born to a tribal woman from being considered tribal. It emphasized that the prosecution had failed to produce any cogent or credible evidence to prove the certificate was false.
The court also referred to the Supreme Court’s ruling in Ramesh Bhai Nakiya v. State of Gujarat & Others, which held that a child born from a marriage between a tribal and non-tribal parent can demonstrate tribal status if raised by the tribal mother.
Based on these findings, the Rampur court declared the teacher’s Scheduled Tribe certificate genuine, dismissing the allegation of forgery.
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