NEW DELHI, APRIL 25: In yet another move to woo voters after its mega farm loan waiver and income-tax relaxations, the UPA Government at the Centre is all set to bring more people in the ambit of Scheduled Caste (SC) category by amending the Constitution. As per a new proposal, children of inter-caste parents will get SC status if either of them belongs to the category.

The proposal, which was withdrawn at the last minute by Social Justice and Empowerment Minister Meira Kumar before the Union Cabinet meeting on Thursday, is likely to be cleared in the next meeting. However, sources told The Indian Express that the National Commission for Scheduled Castes has expressed disagreement with the move. While the Ministries of Law and Tribal Affairs too are learnt to have expressed reservations, it’s only the Ministry of Women and Child Development that has come out in support of the proposal.

Currently, only a child born to a SC father and a non-SC mother acquires the SC status and not vice-versa. Citing the need to provide gender equality to women, the Social Justice and Empowerment Ministry is now proposing to amend the Constitution to insert a paragraph stating “the child or children born of inter-caste marriage shall be treated as belonging to the Scheduled Caste community, if either of the parents of the child or children belongs to that community”.

To bring in the change, the Government is citing the Supreme Court judgment in the Punit Rai versus Dinesh Chaudhary case (2003), which it says created an “anomalous situation” by altering the customary law where the crucial test was to determine whether a child born out of an inter-caste wedlock had been brought up in that surrounding and in that community or not.

Earlier, the nexus between the child and the community or class or caste was considered the real test irrespective of the fact whether the accommodating class or caste was SC or not. Simply put, if the mother was a SC and the child was brought up in the surroundings of a non-SC father, the child did not acquire the SC status. Similarly, if the father was a SC and the mother was a non-SC and the child was brought up in surroundings of the mother’s side, the child was not accorded the community status. Inversely, a child was treated as a SC if he was brought up as part of an SC community, irrespective of the fact whether the father or the mother were SCs.

In its judgement, the apex court had held that a circular to determine the caste of a child born from a non-SC Hindu father and a SC mother shall not have the force of the statute. “The court had said that if the customary law was to be given a go-bye to enlarge the scope of SCs, it must be done in terms of a statute and not otherwise,” said an official of Social Justice and Empowerment.

Now, the Government is contesting the court’s judgement saying the empowerment and equality of SC women have been adversely affected, as their children born with non-SC father would be deprived of the benefits available to SCs.