The Kerala High Court has made an observation stating that a child can be recognized as belonging to the scheduled caste or scheduled tribe (SC/ST) community, even if only one of their parents belongs to the same SC/ST group, provided they have experienced socio-economic disability due to their caste.

The court emphasized that the child must be accepted by the SC/ST community as one of their own and live in accordance with their social norms. The ruling was made in a case where a student sought a declaration of her belonging to the Paniya caste and entitlement to the associated benefits.

The petitioner's father belonged to the Orthodox Syrian Christian Community, while her mother hailed from the Hindu Paniya community, which is a recognized Scheduled Tribe community. The court referred to a previous decision to support its stance, stating that if the claimant has suffered social, economic, and educational disability and has been accepted by society as part of the SC/ST community, they are entitled to its benefits.

The petitioner, raised according to tribal traditions and faced disadvantages associated with the tribe, argued that her paternal relatives had severed all contact with her parents after their inter-caste love marriage. She provided a certificate from the head of the Govindamala Tribal Colony, confirming her Paniya community identity. Moreover, she received financial assistance and benefits earmarked for Scheduled Tribes. However, the Kerala Institute for Research, Training, and Development Studies (KIRTADS) submitted a report against her without allowing her a hearing.

The court previously directed KIRTADS to reconsider the matter after affording the petitioner an opportunity to be heard. However, KIRTADS concluded in its report that the petitioner did not belong to the Paniya community, but rather to the Orthodox Syrian Christian community like her father. The court disagreed with KIRTADS, stating that the assumption that caste disability disappears after inter-caste marriages is invalid.

The court set aside KIRTADS' report and ordered a reconsideration of the matter, requiring a proper inquiry and the petitioner's participation. The petitioner can submit argument notes and relevant documents supporting her claim of belonging to the Paniya community. The ruling reaffirms that if a child has suffered a socio-economic disability and is accepted by the SC/ST community, they can be considered a part of that community, even if only one parent belongs to it.

CASE TITLE: Rebeka Mathai v State of Kerala & Ors.