Affinity test is not a litmus test to decide a caste name : Supreme Court

Affinity test is not a litmus test to decide a caste name : Supreme Court

Today, the Supreme Court of India mentioned the reliability of the affinity test used to determine caste status made by the Caste Scrutiny Committee. The affinity test is used to ascertain if the person follows the traditional cultural traits of the community.

During the trials, the Bench comprising Justice S.K. Kaul, Justice A.S. Oka and Justice Manoj Misra held that the affinity test is not a litmus test to decide a caste name and is not an essential part in the process of the determination of the correctness of a caste/tribe name in every case. Moreover, it observed that the occasion to conduct affinity test would arise only in those cases where the matter has been referred to the Vigilance Cell by the Scrutiny Committee. However, it was also stated that when a case is required to be referred, the Scrutiny Committee should record reasons as to why it is not satisfied with the material provided by the applicant.

Only when the Scrutiny Committee after holding an inquiry is not satisfied by the material provided by the applicant the case can be referred to the Vigilance Cell. If sent to the Vigilance Cell the Scrutiny Committee should record reasons why it is not satisfied by the material produced by the applicant. Only after a case is referred to the Vigilance Cell...the occasion for the conduct of affinity test would arise...The affinity test cannot be conclusive either way. When a Affinity test is conducted by the Vigilance cell, the result of the test with all other material on record having probative value will have to be taken into consideration by the Scrutiny Committee to decide the caste validity claim."

Case Title: Mah. Adiwasi Thakur Jamat Swarakshan Samiti v. State of Maharashtra And Ors.

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