Since the Indian law recognises and accords paternity superior status to maternity, the children born of an SC man would get his status but not those of an SC woman if married to a higher caste man.
--- On Fri, 13/6/08, WILLIAM KISKU <[EMAIL PROTECTED]> wrote: From: WILLIAM KISKU <[EMAIL PROTECTED]> Subject: Re: [ =>> Jharkhand <<= ] HC dismisses plea against Tribal Christians' ST status To: [email protected] Date: Friday, 13 June, 2008, 7:47 PM Very fair indeed. Just a clarification on variation of the theme. Any expert on this aspect of constitution can shed some light, please. If a scheduled tribe MAN marries a NONSCHEDULED TRIBE WOMAN, are the offsprings still eligible and can they continue to enjoy the benefits of reservation ??? What happens if vice versa happens... ie, a SCHEDULED TRIBE WOMAN MARRIES A NONSCHEDULED TRIBE MAN.?? William --- Roopa Sharma <[EMAIL PROTECTED] co.in> wrote: > A fair judgement. > rgds > roopa > > --- On Fri, 13/6/08, Gladson Dungdung > <gladsonhrights@ gmail.com> wrote: > > From: Gladson Dungdung <gladsonhrights@ gmail.com> > Subject: [ =>> Jharkhand <<= ] HC dismisses plea > against Tribal Christians' ST status > To: [EMAIL PROTECTED] ps.com > Date: Friday, 13 June, 2008, 4:14 PM > > > > > > > > > > > HC dismisses plea against Tribal Christians' ST > status > > > > > > > Pioneer News Service | Ranchi > > > The Jharkhand High Court on Thursday rejected the > petitioners' plea that challenged the continuation > of reservation and other privilege to Tribals who > have converted to Christianity and other religions. > > > > > > In 2002, petitioner Karpara Hansda and wife of > Sangram Besra had filed a PIL, followed by another > writ by Baliram Marandi, in which they sought to > debar Tribals converted to Christianity and other > religions from availing the reservation and other > benefits that are extended to all members of > Scheduled Tribes as per the Constitution. > > > > > > Karpara Hansda contended that just as Scheduled > Castes or Dalit Christians are denied reservations > and other benefits and protections on conversion > from Hinduism to another religion, so also should > tribals who convert to Christianity should be denied > such benefits and protections. > > > > > > The petitioner further tried to show that on > conversion the converted tribals no longer adhere to > many of their former traditions and culture and the > difference is "in black and white", and since there > is this loss or negation of culture and tradition > they should no longer be regarded as Scheduled > Tribes and hence they should not be given those > benefits. > > > > > > Meanwhile, this year an intervener petition was also > filed by Christopher Kispotta, a Christian and PC > Murmu, a traditional faith person, opposing the > contentions and prayers of the petitioners that > converted Tribals are no longer members of Scheduled > Tribes and hence no longer entitled to protections > and benefits. > > > > > > The intervener petitioners on their petition > submitted that Article 366 of the Constitution > specifies Scheduled Tribes from existing tribes, > which is that it builds on existing primordial > identities of the tribes. > > > > > > The interveners also cited definitions of Tribals > and indigenous peoples as defined in international > legal texts such as the International Labour > Organisation Convention 107 and a certain World Bank > document, which comprehensively account for these > communities. They also submitted that to deny > converted Tribals ST status and benefits merely on > change of religion to Christianity would be racist. > > > > > > Advocate for petitioner NK Sahani, Government's > counsel Sumeet Gadodia and interveners' lawyer > Ratnaker Bhengra made brief arguments. > > > > > > The Division Bench of Acting Chief Justice MY Eqbal > and Justice DK Sinha after hearing the arguments, > and after referring to the 2004 Supreme Court > judgement in State of Kerela verses Chandramohanan > which lays down, "... as a broad proposition of law > it cannot be accepted that merely by change of > religion a person ceases to be a member of the > Scheduled Tribe,...", rejected the contentions and > prayers of the petitioners and dismissed the writs. > http://www.dailypio neer.com/ indexn12. asp?main_ > variable= RANCHI&file_ name=Ranchi2% > 2Etxt&counter_ img= 2 > > -- > > > > > > > Jharkhand Network | Jharkhand.org. in/network > > > > > > > > > > > > > > > > > > > Explore your hobbies and interests. Go to http://in.promos. yahoo.com/ groups/ William Kisku Unlimited freedom, unlimited storage. Get it now, on http://help.yahoo.com/l/in/yahoo/mail/yahoomail/tools/tools-08.html/
