6 minute read
Caste/Community Certificate
get Court Order for each child with Medical certificates from different doctors who will write that the children were born under their supervision in their individual capacity in different times and places. If children’s parent’s names are not known, the names can be created to put in the medical certificate. If the births are in rural area, Gram Panchayat’s letter to produce to first class magistrate to get court order would suffice.
Documents required: i) Doctor certificate, ii) CWC certificate, iii) first class magistrate’s affidavit and original Court Order, iv) case history of children, v) School bonafide/ school leaving certificate. It will be mentioned in the affidavit that the child who was born somewhere else is now under CCIs with declaration from CWC. Both doctor certificates mentioning dates and times of birth, parent’s names and CWC certification linking the child with same parent’s name mentioned in medical certificates can be produced to first class magistrate to get the affidavit and Court Order. KMC will not do any verifications, if the said documents are furnished by the applicants with no other documental proof. 3. There are instances where Parents informed First Class Magistrate that the children were born under supervision of Aaya (non-institutional) and hence there is no proof of birth. In such cases also the First-Class Magistrate can give the court order and the rest of the procedure would follow.
Advertisement
What is the procedure for disposal in case of street children, especially for Orphan Children with no documentary evidence?
For children who have parents but stay in CCIs in Kolkata because of parents being incapable of taking care of children: In case of minor who stays in CCIs and parents stay in other places, parental certificate or documents of any paternal blood relative (who have already obtained caste certificates from competent authority) along with proof of relation with the paternal relative would be valid documents to apply for children’s caste certificate. As local residence proof, organization’s letter or a letter from counsellor in CCI’s locality would be helpful to apply for children’s certificate.
Most of the children under care of CCIs, especially orphan children do not have any blood relative to provide documents and those who have parents are not able to provide documentary evidence in support of their claims. The alternative method, according to the guidelines by Backward Classes Welfare Department, Government of West Bengal, for issuance of caste/SC/ST certificates, if the applicants are first generation applicants and are unable to produce documents of paternal blood relation as a proof of caste identity, they can provide a copy of certificates issued by Gram Panchayat representatives /Municipal
Representatives/ Councillor. Their caste identity will be decided through field enquiry and public hearing by the SDO in their localities. In such cases, children (if not minor) or CCI representative (in case of minor children) would fill up the Affidavit form to declare eligibility to obtain caste certificates mentioning their caste (from the existing lists of caste available with department) to be sworn in before the 1st Class Judicial Magistrate / Executive Magistrate in court stamp paper of Rs.10/. In cases of unavailability of documentary proof, this affidavit form would be attached with field enquiry or public hearing by SDO to get evidences and disposition of local persons or certificates from Gram Panchayats mentioning the castes of the children. The BCW Inspector /Enquiry Officer would visit the spot and take disposition of neighbours and collect information/evidence as required to determine the caste either in favour or against the claim of the applicant. Proper record of information/ evidence to be kept and specific recommendations in favour or against the claim of the applicant to be forwarded to superior authority for hearing. Magistrate generally conduct the hearing and findings of such hearings are recorded for arriving at proper conclusion regarding issuance of the certificate. In Kolkata, DWO conducts the hearing and take decisions on issuance. In cases parents stay in Kolkata, DWO will be the issuing authority whereas in case of parents staying outside jurisdiction of Kolkata Municipal Corporation, the local authority can be contacted to receive caste certificates.
For children who do not have both parents or have single parent but stay in CCIs in Kolkata: For single parent or separated families, if biological father is not in contact with the mother, then father’s present address can be shared with DWO and the SDO can visit the father’s place to get documents (Aadhar, Caste certificates etc) from the father and attach with the applications. In such cases children’s Birth Certificates are mandatory and even if births are not institutional, it has to be procured from Gram Panchayat and to be submitted along with father’s caste certificates. In Bihar, for children who do not have parents or who do not have any caste proof of blood relatives, application form can be submitted through the agents against a fee of Rs.150 per copy. The documents required for applying through agents: - Aadhar card of the child or the Head of the organization (CCI) - An undertaking from organization (CCI) mentioning that children do not have Aadhar card - A letter from the organization (CCI) declaring caste of the child along with the detailed child profile. The agents submit the application form and the documents to the Block office. Verifications from block offices will be done to the CCIs where the children stay to check details of the children before issuing certificates to them. As per the officials in Block Office, Patna, alternatively. The Vikas Mitra, a volunteer under Bihar Mahadalit Vikas Mission (BMVM) of SC/ST Department, Govt of Bihar can be contacted at Panchayat / Ward Cluster levels to apply caste certificate for children with no documental proof.
In Karnataka, children with no documental evidences can be taken to the Taluk office physically to apply for caste certificate. Documents to be furnished in such cases are: - Parents ration card - Aadhar card of children as ID proof - An Undertaking from Head of school in HM’s letterhead mentioning caste of the children as per school record or Transfer Certificate.
In case of no Ration card, only Aadhar card and study certificate or HM’s letter in official letterhead mentioning the caste of the children would suffice. The application form can be downloaded from Nadakechari website portal (as mentioned in Chapter 4). With all mentioned documents, the CCI can approach respective Taluk, Nadakacheri office in whose jurisdiction the CCI is located, to written application form along with required documents to the Tehsildar.
In Telangana, in order to apply caste certificates for children in CCIs, who have parents or
paternal blood relatives and whose parents/ paternal blood relatives are able to inform
about their own castes, the following documents can be furnished: - Application form for caste certificate - Ration card or Food Security Card of the family - Aadhar card of the child (in case not available, Aadhar card of Head of the CCI where the child stay) - Property document of parents (if available) - Parent employment details and income certificate (if available) - Proof of Address (Parents address preferable, in case parents live on the street, address proof of the CCI where the child stay) - Notary affidavit on Rs.10/- Non judicial stamp paper and Declaration of caste by father or parental blood relatives with 2 different Gazette Officers certification - Attested copy of Transfer Certificate from school / School bonafide mentioning caste of the child as per school record. - Caste Certificate of father or blood relatives (if any) - Sangam Certificate/ certificate from the community in which the child belongs to, mentioning the child’s caste
If case of the children whose castes are not known by the parents or in case of single mother
or father/paternal relative refuse to give certificates, those children can apply for Orphanage certificate to avail benefits of Government. The orphan certificate in Telangana can be accessed by submitting the following documents to nearby MeeSeva centre along with passport size photograph of the child,
- Filled-in application form “Orphanage Integrated Certificate Application Form” from the CCI - A letter from Organization in organization’s letterhead