SC questions bar on OBC certificates for children raised by single mothers

New Delhi: The Supreme Court on Monday agreed to hear a petition challenging existing rules that prevent children of single mothers from obtaining Other Backward Class (OBC) certificates based solely on the mother’s caste status. A bench comprising Justices K V Viswanathan and N Kotiswar Singh described the issue raised in the writ petition as “important” and scheduled a final hearing for July 22.

“This has to be heard,” the bench remarked during the proceedings as it directed all parties to file written submissions ahead of the next hearing. The court also indicated that the matter involved nuanced legal questions that warranted detailed arguments.

The case was initiated by a Delhi-based woman who argued that children of single mothers belonging to the OBC category should be entitled to caste certificates based on their mother’s credentials. The petition challenges the current practice, which, according to the petitioner, mandates submission of a caste certificate from the paternal side — a requirement that single mothers cannot fulfil.

Citing official guidelines, the plea pointed out that to secure an OBC certificate in Delhi, applicants are required to produce documents from paternal blood relatives, such as the father, grandfather, or uncle. “Such a requirement places an unfair burden on single mothers and denies their children the constitutional rights available to them,” the petitioner said.

The Supreme Court bench made reference to a 2012 judgment concerning caste determination in cases where only one parent belongs to a Scheduled Caste or Scheduled Tribe. That ruling will likely inform the court’s approach to the present case as well.

Representing the Centre, the government’s counsel confirmed that a counter affidavit had been submitted. He said the issue required wider consultation, stating, “All states would need to be made parties in this matter.” The Centre also told the court that a uniform set of guidelines might be necessary, depending on the court’s decision.

The petitioner further contended that denying such certificates contradicts established constitutional norms. “This action is discriminatory when children of single mothers belonging to Scheduled Castes or Scheduled Tribes face no such restrictions,” the petition stated. It also argued that adopted children of single mothers are similarly affected when the mother’s caste certificate is not deemed sufficient.

The bench directed the parties to also consider situations involving inter-caste marriages where the mother is from an OBC background. The question raised was whether the child’s eligibility could still be based on the mother’s caste if the father belongs to a different community or is absent.