VALIDATED CASTE CERTIFICATE OF A RELATIVE FROM A PATRIARCHAL FAMILY, A CONCLUSIVE PROOF OF THE SOCIAL STATUS OF OTHER RELATIVES - SC

Recently, the Bombay High Court held that a validated caste certificate of one person is conclusive proof of the social status of their patriarchal relative. The majority of the families in India follow the patriarchal family system and thus, all members are to be considered as belonging to the same caste.

The Court also said that conclusive proof of one person would stand as conclusive proof of another person if such other person is a paternal relative of the person possessing the document of the conclusive proof.

The Bench of Justices SB Shukre and GA Sanap passed the order in a writ petition filed by one Bharat Tayade against an order of the Scrutiny Committee at Thane invalidating his caste certificate for the second time.

According to the petitioner, this was his second PIL regarding the same issue as his first writ petition was disposed of by the HC on December 20, 2016, with a direction to the scrutiny committee to reconsider 'Tokre Koli', a Scheduled Tribe.

The HC bench noted that the Petitioner's cousin has been given a validity certificate by the Scrutiny Committee in Nashik district. Despite such a valid certificate, the Thane committee refused to consider Tayade's claim of belonging to the Tokre Koli community.

The High Court said that "The Scrutiny Committee has acted in utter disregard to the law laid down by the SC. If a quasi-judicial or any judicial authority fails to maintain the judicial discipline, it would result in lowering down the system of justice and undermine the respect of our citizens". 

The Bench quashed the orders of the Thane Committee and directed it to issue a valid certificate to the petitioner within two weeks.