Madras HC Rules Children in Puducherry Can Claim Reservation Through Mother's Caste

The Madras High Court has ruled that children born in Puducherry can claim Scheduled Caste (SC), Most Backward Classes (MBC), and Other Backward Classes (OBC) reservation benefits based on the caste status of their mothers who are native to the Union Territory, rejecting arguments that caste must be determined solely through the father.

The court was hearing petitions filed by 26 women originally from Puducherry and their children. The petitioners approached the court after the district administration denied them caste and domicile certificates because the women had married men from other states. The administration had instead issued migrant certificates to the children based on their fathers' places of residence, hindering their access to reservation benefits.

During the hearing before Justice Bharatha Chakravarthy on August 27, the Puducherry government contended that Indian society has traditionally followed a patriarchal system and that caste and social status should therefore be determined through the father. The government also cited Central government directions and a Supreme Court judgment holding that a person eligible for reservation in one state cannot claim identical benefits after migrating to another.

Advocate Stalin Abhimanyu, appearing for the petitioners, argued that restricting caste certificates to paternal lineage violates constitutional guarantees of gender equality under Articles 14, 15, and 16 of the Constitution. He stated that when children are born in Puducherry and grow up facing social challenges within their mother's environment, the mother's rights cannot be dismissed because of the father's migration status.

Justice Bharatha Chakravarthy rejected the Puducherry government's reliance on patriarchal traditions, noting that the denial of equal rights to women by citing a conservative patriarchal social system cannot be accepted.

The High Court directed the Revenue Department to immediately issue SC, MBC, and OBC certificates to the children based on the caste status of their mothers who are originally from Puducherry. The court affirmed that the children are eligible to receive full reservation benefits in admissions to Puducherry government educational institutions and government employment.

However, the implementation of the High Court's order is currently on hold as the Puducherry government has filed an appeal against the judgment before a two-judge bench.