Justice Sanjeev Narula observed that denying a caste certificate to a child living with his single mother was unacceptable.
NEW DELHI: The Delhi High Court recently intervened in a case where a boy was denied a caste certificate by authorities due to the lack of supporting documents from his father, who had abandoned the family 15 years ago.
The boy’s mother, who also belonged to a Scheduled Caste (SC), had strained relations with her estranged husband. Although divorce proceedings were initiated in the past, the case was dismissed after the husband failed to pursue it. The absence of a formal divorce decree further complicated the boy’s efforts to obtain a caste certificate, as the authorities rejected his mother’s application, citing the lack of proof of divorce.
Justice Sanjeev Narula observed that denying a caste certificate to a child living with his single mother was unacceptable.
He stated,
“The Respondent’s argument that the caste certificate cannot be issued due to the lack of a divorce decree is untenable in law … Children of women from the Scheduled Caste community, abandoned by their husbands, should not suffer because their fathers refuse to provide support or recognition.”
The Court highlighted circulars that allowed caste certificates to be issued to children based on applications from separated, divorced, or single mothers. It ruled that these provisions applied to the boy’s case, even without a formal divorce decree.
“The children should not be penalized because their father chose abandonment over legal finality,”
the Court added.
The case after a petition filed by a 17-year-old boy through his mother, seeking a caste certificate. His mother had been raising him alone since 2009 after being abandoned by her husband. Despite filing for divorce in 2011, the father did not pursue the case, and it was closed in 2014.
The authorities repeatedly denied the boy’s request for a caste certificate, insisting on documentation from the father’s side, even after the mother obtained her own caste certificate in March 2023. The petitioner referenced circulars from July 2020 and July 2022, which permitted caste certificates for children of separated or single mothers. However, the government argued that the boy did not meet the criteria, demanding proof from the paternal side.
The Court pointed out that the boy’s mother had been abandoned for over 15 years and had raised him alone, equating this abandonment to separation.
“The terms ‘separated/ divorced/ single women’ in the circulars should not be interpreted narrowly to deny the Petitioner equitable relief. A strict interpretation would undermine the purpose of the circulars, which aim to assist children whose paternal relationships are severed, whether legally or practically,”
the Court remarked.
The Court directed the authorities to review the boy’s application within two weeks, ensuring it would not be rejected merely due to the lack of a formal divorce or judicial separation.
The petitioner was represented by advocates Raghavendra Mohan Bajaj and Shagun Agarwal, while the Delhi government was represented by Additional Standing Counsel Prashant Manchanda, advocates Nancy Shah, and Isha Baloni.
