Kerala HC expands scope of nativity certificate

Those socially adapted to State’s norms can be treated as a native even if they are born outside State

July 30, 2021 03:47 pm | Updated 03:47 pm IST - KOCHI

The Kerala High Court has observed that persons born outside the State but settled and socially adapted to the prevailing system of norms and values of the State can be treated as native and are entitled to a nativity certificate for claiming educational and other benefits available to the natives of the State.

Justice P.B. Suresh Kumar issued the order on Friday while allowing a writ petition filed by Vincy Dinakaran of Aluva challenging the refusal by the Choornikkara village officer to give her a nativity certificate on the ground that she was born outside the State.

For higher studies

The parents of the petitioner belonged to Tamil Nadu. They had settled in Kerala long before the birth of the petitioner. The mother gave birth to her at Tamil Nadu. After her birth, she was brought to Kerala and she completed her school and college education here. She wanted a nativity certificate to pursue higher studies.

Quashing the order of the village officer, the court observed that if a person was socially adapted to the prevailing system of norms and values in the State, he/she should be considered as a person belonging to the State. The criterion for issuing a nativity certificate should be the place where the person had been brought up and educated.

Govt. stance

The government took the stand that as per the Kerala Land Revenue Manual, the nativity certificate could be issued only to persons who were born in the State and to the children of those who born in the State.

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