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january 2012

Supreme Court of India · 2012-01-18

RAMESHBHAI DABHAI NAIKA vs STATE OF GUJARAT .

Citation / case number
SC 2010/3407
Court
Supreme Court of India
Petitioner
RAMESHBHAI DABHAI NAIKA
Respondent
STATE OF GUJARAT .
Author
Aftab Alam
Bench
RANJANA PRAKASH DESAI AFTAB ALAM

Judgment text excerpt

The Supreme Court addressed the status of individuals with one parent from a scheduled caste/tribe and the other from an upper caste, clarifying that the offspring do not automatically inherit the caste of the father in cases of inter-caste or tribal-non-tribal marriages. The Court found that the Gujarat High Court misapplied precedents from Valsamma Paul v. Cochin University and others, Punit Rai v. Dinesh Chaudhary, and Anjan Kumar v. Union of India, which do not establish a rigid rule regarding caste inheritance. The Court held that the appellant's tribal identity should be assessed based on upbringing and community acceptance, thus reversing the High Court's decision that denied the appellant's tribal certificate.

RAMESHBHAI DABHAI NAIKA vs STATE OF GUJARAT . · Niyam