civil-law india marriage caste
Reservation category of people born out of inter-caste marriages
<h1 id="background-men5">Background</h1>
<p>In India there is reservation (for government employment and admissions etc) based on caste and income among other types.</p>
<p>For caste based reservation <em>mainly</em> following categories are there —</p>
<h4 id="reserved-categories-ttt1">Reserved categories</h4>
<ul>
<li>SC (scheduled caste)</li>
<li>ST (scheduled tribe)</li>
<li>OBC-NCL (Other Backward Class — Non creamy layer)</li>
<li>General-EWS (Economically Weaker Section)</li>
</ul>
<h4 id="non-reserved-categories-5uwa">Non-reserved categories</h4>
<ul>
<li>OBC-CL (Creamy layer)</li>
<li>General-others (non EWS)</li>
</ul>
<hr />
<h1 id="my-questions-mw0s">My questions —</h1>
<ol>
<li><p>Is there default caste of child born out of inter-caste marriage? Or parents get to choose caste for child from among castes of theirs?</p>
</li>
<li><p>What will be the reservation category of a child when—</p>
<ul>
<li>One parent belongs to non-reserved category and other belongs to reserved one.</li>
<li>Both parents belong to different reservation categories.</li>
</ul>
</li>
</ol>

<p><strong>Is there default caste of child born out of inter-caste marriage?</strong></p>
<p><strong>Short answer</strong></p>
<ul>
<li>The child normally takes the father's caste, but it may be contested if it can be shown that the child is brought up by the mother.</li>
</ul>
<p><strong>Long answer</strong></p>
<ul>
<li>The case law has been evolving in recent years, the latest findings by the Supreme Court of India can be found at <a href="https://indiankanoon.org/doc/197038546/" rel="noreferrer">Rameshbhai Dabhai Naika vs State Of Gujarat &amp; Ors on 18 January, 2012</a></li>
</ul>
<blockquote>
<p>[T]he legal position that seems to emerge is that in an inter-caste marriage or a marriage between a tribal and a non-tribal <strong>the determination of the caste of the offspring is essentially a question of fact</strong> to be decided on the basis of the facts adduced in each case. The determination of caste of a person born of an inter-caste marriage or a marriage between a tribal and a non-tribal cannot be determined in complete disregard of attending facts of the case. In an inter- caste marriage or a marriage between a tribal and a non-tribal <strong>there may be a presumption that the child has the caste of the father</strong>. 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. <strong>But by no means the presumption is conclusive or irrebuttable 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.</strong> </p>
</blockquote>
