Legal Question in Constitutional Law in India

doubt about classes and castes

Hello,

I am Divya from chennai and i have a few doubts about castes and class systems in India.

I am a Kshatriya from the Mudaliar caste (Tamil Nadu) and i fall under the Backward class here.

My boyfriend is a Gujarati (vaisya). His parents have no idea about the south Indian classes and castes. He belongs to Gujarati Swaminarayan and fall under OC. They want to know how my caste can be compared with north Indian castes and classes. Do i belong to a lower caste?

Please help me clarify my doubts.

Thanking you in anticipation.

Divya.


Asked on 6/30/08, 5:56 am

2 Answers from Attorneys
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: doubt about classes and castes

In Gujarat and Maharashtra Kshatriya are not Backward Class but OC

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Answered on 7/16/08, 5:22 am
sheelavathi karnam

Re: doubt about classes and castes

HELO DIVYA,

UNDER ART.14 OF OUR CONSTITUTION WE CAN SEE "EQUALITY BEFORE LAW & EQUAL PROTECTION OF LAWS"

BUT IT IS BANNED FOR CASTE LEGISLATION BUT PERMITSS CLASS LEGISLATION.

CLASSIFICATION CAN BE MADE ON GEOPGRAPHICAL BASIS.THIS IS LAID DOWN UNDER RAMKRISHNA DALMIA V/S JUSTICE TENDULKAR CASE.

UNDER THIS PROVISION IF YOUR CASTE IS CONSIDERED AS LOWER CASTE IN GUJARATH THEN ONLY YOU WILL BE CONSIDERED. SOME TIME AN S.C.CANDIDATE IS NOT CONSIDERED AS S.C. IN ANOTHER STATE/AREA BECOZ OF HIS CASTE IS NOT CONSIDERED IN THAT STATE. ITS PURELY DEPENDS UPON THAT STATE'S RESERVATION LIST.

HENCE IF YOUR CASTE KSHTRIYA MUDALIYAR IS IN THE LIST OF GUJARATH AS LOWER CASTE YOU WILL GET BENIFIT OTHERWISE YOU MAY BE IN THE GENERAL CATEGORY AT GUJARATH (IF MODALIYAR CASTE IS NOT APPEARS IN THE ANY OF THE RESREVATION LIST IN GUJARATH)

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Answered on 6/30/08, 10:38 pm


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