Can 'Sikh Chamar' Be Regarded As 'Mochi' Caste In Maharashtra? Supreme Court Considers In Navneet Kaur Rana's Case
Live LawThe Supreme Court on Thursday, resuming its hearing on the issue of cancellation of the caste certificate of Amravati MP Navneet Kaur Rana, dwelled into the aspect of the purpose and scope of the Constitution Order, 1950 and how the designation of Scheduled Castes in different states varied on sociological basis. He said, “It enumerates not just the caste, the Castes within the Scheduled Caste by whatever nomenclature or parts of such castes, whatever the nomenclature as are set out and are deemed to be such castes.” Picking from there, Mr Sibal emphasized that the contention of the petitioner to view the caste 'Ravidaasiya Mochi' as synonymous to 'Mochi/Mochigar/Chambhar' would be incorrect as the former is a subclassification of the category mochi and by allowing so, the Court would step into the shoes of the Parliament in modifying the Scheduled Caste list. That this is not just a case for simplictor dismissal but this is a case for imposition of costs and also for prosecution.” The respondents contended that the caste certificate mentioning 'mochi' cannot be supported by documents showing 'sikh chamar' - “the question is she able to verify that she is a mochi”, it was contended that all her documents mention just 'mochi' and not 'sikh chamaar'. Justice Maheshwari, however, asked the same to be produced and remarked, “We want on record to understand what the order contained.” Relying upon past judicial precedents, Mr Farasat argued that if valid caste certificates of one state are not recognised in another state, “Where is the question of a document which can be a basis to get a caste certificate in another state.” He elaborated further, “ They relied upon documents from Punjab, but the Caste Scrutiny Committee rejected it because it was incomplete but it was nevertheless not open to the caste scrutiny committee to examine the documents and give a certificate for Maharashtra.” Mr Farasat dwelled further to explain how it is not necessary for a caste notified as a Scheduled Caste in one state under Article 341 would be similarly notified in another state, as such Scheduled designations are based on the “sociological framework of a State”.
History of this topic
The debate continues over ‘creamy layer’ in India’s reservation system
Hindustan Times
SC sets aside Bombay HC verdict cancelling Amravati MP Navneet Kaur Rana’s caste certificate
The Hindu
Supreme Court upholds Amravati MP Navneet Rana's caste certificate, sets aside Bombay HC verdict
Hindustan Times
Supreme Court grants relief to Amravati MP Navneet Rana, upholds her caste certificate
India TV News
'Sikh Chamar' & 'Ravidaasiya Mochi' Synonymous? Supreme Court Reserves Judgment In MP Navneet Kaur Rana's Caste Certificate Case
Live Law
What Is The Procedure For Cancellation Of Caste Certificate Granted After Scrutiny? Supreme Court In Navneet Kaur Rana's Case
Live Law
Degree Of Backwardness Within Scheduled Castes May Vary, Says Supreme Court; Centre Supports Subclassification Within SCs/STs [Day 2]
Live Law
Make Scheduled Caste Status Religion Neutral : Plea In Supreme Court
Live Law
Supreme Court to hear plea to make Scheduled Caste status ‘religion-neutral’
The Hindu
Supreme Court To Hear On March 28 MP Navneet Kaur Rana's Plea Against Bombay HC Judgment Cancelling Caste Certificate
Live Law
"Appointment Secured By Forging Caste Certificate": Allahabad High Court Upholds Termination Of Govt Teacher's Services
Live Law
HC cancels caste certificate of Amravati MP Navneet Rana
The Hindu
Reserved Seats: Mandatory To Submit Caste Validity Certificate Within 12 Months Of Election, Failure Will Result In Retrospective Termination: Bombay HC (FB)
Live Law
Cannot Take Benefit Of Reservation Just Because Spouse Belongs To Scheduled Caste: SC [Read Judgment]
Live Law
Amendments in the Constitution (Scheduled Castes) Order, 1950
Live LawDiscover Related