Kerala rights panel tells Revenue dept not to reject caste, religion certificate applications over missing school records

Kozhikode: The Kerala Human Rights Commission (KHRC) has ruled that applications for caste, religion, and community certificates submitted by adults must not be rejected solely because their school records do not mention their caste or religion.

Judicial Member K Baijunath on Tuesday directed the Principal Secretary of the Revenue Department to issue clear guidelines to all revenue officials across the state, ensuring that such applications are processed in accordance with the law. The Commission also instructed the Principal Secretary to submit a report within two months detailing the steps taken to implement the order.

The directive was issued in response to a public interest petition highlighting that many progressive parents and interfaith couples choose to leave the caste and religion columns blank when enrolling their children in school. As a result, children belonging to the Scheduled Castes and the Scheduled Tribes are reportedly being denied the reservation benefits to which they are legally entitled.

The petition further alleged that while parents had themselves benefited from reservation policies and attained higher positions, their children were later deprived of the same constitutional rights because of the absence of caste or religion entries in school records.

After reviewing a report submitted by the Revenue Department's Principal Secretary, the Commission noted that the absence of caste or religion details in an individual's SSLC certificate does not prevent them, upon reaching adulthood, from identifying with the caste or faith of either parent. The report stated that, after conducting a proper inquiry into the individual's actual beliefs, customs, and practices, and confirming that the relevant community recognises the person as one of its members, authorities may issue the appropriate caste certificate.

The report also affirmed that every individual has the constitutional freedom to change their religion any number of times. Accordingly, they may apply to have their name and religion updated in official records and published in the government gazette. Where necessary, revenue authorities may investigate the individual's religious practices and beliefs before issuing a religion certificate.

However, the petitioner informed the Commission that Tahsildars and Village Officers have often refused to issue caste or religion certificates when the relevant columns are left blank in the applicant's SSLC records.

Justice Baijunath observed that unless the government's legal position is formally communicated to all revenue officials through an order or circular, such refusals are likely to continue. The Commission, therefore, directed the Revenue Department to ensure that all existing laws, government orders, and official legal positions governing the issuance of caste and religion certificates are strictly followed.

The Commission's order was passed on a public interest petition filed by A C Francis, a resident of Karaparamba in Kozhikode