In a significant development on Monday, the Supreme Court acknowledged the importance of a plea challenging the current rules that deny Other Backward Class (OBC) certificates to children raised by single mothers from the same category. The bench, comprising Justices K.V. Viswanathan and N. Kotiswar Singh, emphasized that the issue warranted a comprehensive hearing, as it impacts fundamental rights and social justice.
“The petition raises a substantial question regarding the issuance of OBC certificates to children of single mothers who themselves belong to the OBC category,” the court observed, while scheduling the matter for final hearing on July 22, subject to the Chief Justice’s approval.
Background of the Case
The petition was filed by a woman from Delhi who alleged that her child was denied an OBC certificate because she could not furnish an OBC certificate from the paternal side.
As per existing norms laid out by the Delhi government, applicants must provide documentary proof of OBC status from a paternal relative — either the father, grandfather, or paternal uncle — even in cases where the mother is the sole guardian.
This policy, the petitioner argues, is discriminatory and violates constitutional provisions, particularly those safeguarding equality and the rights of children.
She further pointed out that children of single mothers belonging to Scheduled Castes (SC) and Scheduled Tribes (ST) are allowed caste certificates based on the mother’s credentials, and the same principle should apply to OBC children.
Centre’s Stand and Wider Ramifications
The counsel for the central government informed the court that a counter-affidavit has been submitted in the matter and emphasized that the issue is complex, requiring the involvement of all state governments for a holistic resolution.
He acknowledged that the situation calls for new judicially backed guidelines that could serve as a framework for uniform implementation across the country.
The government further noted that there are several socio-legal considerations, such as inter-caste marriages, adoption, and documentation of lineage, which need to be factored in before formulating a final policy.
The court referred to its own 2012 judgment, which had examined a somewhat related issue — whether a person born to parents from different castes could be granted Scheduled Caste or Scheduled Tribe status.
That ruling had set a precedent by establishing that the caste status of a child is not automatically determined by the father’s background alone.
Legal and Social Implications
The petitioner’s counsel argued that insisting on paternal documentation is especially unjust in cases involving adopted children, abandoned fathers, or women who are divorced, widowed, or were never married.
She termed the requirement not only unconstitutional but also inhumane, as it places an unreasonable burden on single mothers and penalizes their children for circumstances beyond their control.
“The denial of OBC certificates based solely on the absence of paternal lineage documentation is clearly against the spirit of Articles 14 and 15 of the Constitution,” the petition stated, referring to the fundamental rights to equality and protection against discrimination.
Directions by the Court
The bench has asked all parties to file written submissions and has directed them to specifically address how the issue would be handled in situations involving inter-caste marriages or adopted children.
The outcome of this case could set a vital precedent that addresses long-standing systemic inequalities faced by single mothers and their children across India.
As the Supreme Court prepares for a deeper hearing in July, this case is shaping up to be a landmark moment in India’s evolving approach toward inclusive affirmative action policies and gender-sensitive governance.