Mumbai, Jan 31: An adopted child whose biological parents are unknown cannot be left in a “legal limbo” on the question of caste; hence, such a child would acquire the caste of the adoptive parents, the Bombay High Court has ruled.
Caste certificate cancellation set aside
The court set aside orders cancelling a Special Backward Category (SBC) caste certificate issued to an abandoned child who was later legally adopted.
Bench allows adoptive mother’s plea
A bench of Justices M S Karnik and S M Modak, on January 29, allowed a petition filed by the adoptive mother, challenging the cancellation of the caste certificate issued to her adopted son.
Background of the case
The child was abandoned at birth and subsequently adopted by the petitioner and her husband under an order passed by the District Court, Pune, on August 22, 2014, in accordance with the Juvenile Justice (Care and Protection of Children) Act, 2000.
Based on the adoption order, the Deputy Collector, Pune, issued a caste certificate in favour of the child on June 19, 2017, recognising him as belonging to the Special Backward Category.
Certificate cancelled after complaint
However, following a complaint by an unidentified person alleging that the certificate had been obtained on the basis of false documents, the Sub-Divisional Officer cancelled the caste certificate on February 21, 2018. The appeal filed by the petitioner was later dismissed by the District Caste Certificate Scrutiny Committee, Pune, on December 31, 2018.
Arguments before the court
The petitioner challenged this before the High Court, contending that where the biological parents and their caste are not known, a validly adopted child must take on the caste of the adoptive parents.
The State opposed the plea, arguing that the Maharashtra Scheduled Castes, Scheduled Tribes, De-Notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of Caste Certificate) Act, 2000 does not expressly provide for issuance of caste certificates to adopted children.
Legal vacuum noted
The bench noted that “it is not enough only to obtain a caste certificate, but it has to be verified by the Scrutiny Committee”, and observed that neither the Act nor the Rules directly address the issue involved.
The central question, therefore, was whether “the order of adoption passed by the District Court and the consequent entry made in the birth register” could be treated as sufficient proof of caste.
Adoption creates legal identity
Referring to the Juvenile Justice Act, the court held that adoption creates a legal fiction by which the child becomes the legitimate child of the adoptive parents, severing ties with the biological family. “If such a right is not bestowed on him, his future will remain in limbo and his future will be in dark,” the bench observed.
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Direction issued to authorities
Holding that the Scrutiny Committee failed to consider the legal effect of adoption, the court allowed the petition and directed issuance of a caste validity certificate to the child within four weeks.
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