Practice of Muslim Community of Not Mentioning Caste in Records need to be Examined: Bombay HC

Namaz Muslim Law Insider

Paridhi Arya

Published on: April 11, 2022 at 14:20 IST

In the Case of, Zuveria Riyazahamad Shaikh Vs. State of Maharashtra & Ors. Bombay High Court ordered to examine the Law on the question of Muslim Community did not mention Caste in their records.

The Case was filed by Zuveria Shaikh as Caste Scrutiny Committee of Sangali denied to issue her Caste Certificate of Naikwadi of Vimukt Jati. The Plea in the Petition was made to Quash such Order.

It was stated by Shaikh in the Court that because her School Leaving Certificate did not establish that that she belongs to Muslim- Naikwadi Caste. She asserted that it is a practice in Muslim Community of not mentioning Sub-Caste.

The Bench comprised of Justice SB Shukre and Justice GA Sanap, informed that in earlier Judgments Bombay Court observed this Practice of Muslims not mentioning their Sub Caste in Records.

The Bench said “We would like to examine the law on this point and therefore, we request both sides to assist the Court on the question”.

It was stated in Petition that the basis of Vikmukt Jati status is the traditional business. The Muslim Community do not practice any Caste System. The Sub-Caste in Muslims are based on their profession.

The Caste of the Petitioner is Muslim- Naikwadi ‘their profession is to guard the forts” but it was not mentioned in any Documentary Evidence of the Petitioner as it was not recorded even by her forefathers.

The Petitioner pointed out that the Report from Vigilance Committee has affirmed that she is from Muslim- Naikwadi caste but the same was not considered by the Committee.

Shaikh made a Plea that to register herself in II Year Degree Course of Engineering in the category of Vimukt Jati her Caste Certificate is very important.

She made a Plea to issue her Caste validity Certificate and along with that to Quash the Order passed by Scrutiny Committee.

Also Read- Right To Property of Muslim Women

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