WHETHER LATE ROHITH BELONGS TO SC (DALIT) COMMUNITY OR NOT?
Whether Late Rohith belongs to SC
(Dalit) community or not?
Background:
Rohith's
mother Radhika was born into a Schedule caste and also very poor family and
her parents are nomadic daily wagers. When Radhika parents with their three
children were living in a temporary accommodation under a tree and working for
railway contractor, the foster mother (belongs to vaddera caste-BC) of Radhika
approached her parents and with their permission and taken Radhika into their
household, but not adopted. Though Radhika's foster mother claims that she
treated her as own child, the reality is different. She got her own children educated,
whereas Radhika lead a life of unpaid domestic help, in an exploited
mother-child relationship. Her own children are well educated, employed and well settled in life, whereas Radhika is working as daily wage labourer barely
able to meet their both ends.
The foster
mother got Radhika married into a vaddera family by concealing Radhika caste
and parents. After giving birth to three children, Radhika husband (drunkard)
and his parents had thrown her out of family along with children quoting the lower
caste as reason. Radhika moved to Guntur and started living in a one room house
nearer to her foster mother ( more of emotional support) and brought up her
children by working as domestic help, tailoring etc. By birth or through her
brought up it is proved beyond any doubts that Radhika belongs to SC community.
Issue of Rohith’s Caste:
Though
Radhika is married to a BC, still she has right to claim SC status, as for the
provisions of our constitution. There are some claims that by virtue of
marriage, the children born will get the status of father caste. The following
Supreme Court judgement clearly proves the caste status of Rohith’s case status.
Before the Hon'ble Supreme
Court of India in CA No. 654 of 2012.
"In an inter-caste marriage or a marriage between a tribal and a non-tribal there may be a presumption that the child has the caste of the father. This presumption may be stronger in the case where in the inter-caste marriage or a marriage between a tribal and a non-tribal the husband belongs to a forward caste. But by no means the presumption is conclusive or irrefutable and it is open to the child of such marriage to lead evidence to show that he/she was brought up by the mother who belonged to the scheduled caste/scheduled tribe. By virtue of being the son of a forward caste father he did not have any advantageous start in life but on the contrary suffered the deprivations, indignities, humiliates and handicaps like any other member of the community to which his/her mother belonged. Additionally, that he was always treated a member of the community to which her mother belonged not only by that community but by people outside the community as well. In the case in hand the tribal certificate has been taken away from the appellant without adverting to any evidences and on the sole ground that he was the son of a Kshatriya father. The orders passed by the High Court and the Scrutiny Committee, therefore, cannot be sustained. The orders passed by the High Court and the Scrutiny Committee are, accordingly, set aside and the case is remitted to the Scrutiny Committee to take a fresh decision on the basis of the evidences that might be led by the two sides.
This judgement
is very clear and very much applicable to Rohith’s case and it proves beyond
any doubts that Rohith belongs to SC Community. Does Sushma Swaraj a very
seasoned politician and senior minister is not aware of these? Let our
politicians irrespective of party, stop playing these dirty caste politics and
treat people equally and perform their duties as for constitutional provisions.
BGR-9866889246grbonthu@gmail.com
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