Hon’ble
justice Ashok Bhan and Markanday Katju JJ, in Lala Singh V/s. State of UP, (AIR 2006 S.C.2522 at
Page 2525 para 17 and 18) adroitly observed “The
Caste system is a curse on the
nation and the sooner it is destroyed the better. In fact, it is dividing the
nation at a time when we have to be united to face the challenges before the
nation unitedly. Hence,
inter caste marriages are in fact in the national
interest as they will result in destroying the caste system. However,
disturbing news are coming from several parts of the country that young men and
women who undergo inter caste marriage, are threatened with
violence, or
violence is actually committed on then. In our opinion, such acts of violence
or
threats or harassment are wholly illegal and those who
commit them must be
severely punished. This is a free and democratic country, and once a person
becomes a major he or she can marry who so even he/she likes. If the parents of
the boy or girl do not approve of such inter-caste or inter-religions marriage
the maximum they can do is that they can cut-off social relations with the son
or the daughter, but they cannot give threats or commit or instigate acts of
violence and can not harass the person who undergoes such inter caste or inter
religious marriage. We there fore, direct that the administration/police
authorities through out the Country will see to it that if any boy or girl who
is a major undergoes inter-caste or inter-religious marriage with a women or
man who is a major, the couple are not harassed by anyone nor subjected to
threats or acts of violence, and any me who gives such threats or harasses or
commit acts of violence either himself or at his instigation, is taken to took
by instituting criminal proceedings by the police against such
persons and
further stern action is taken against such persons as provided by law. We
sometimes hear of ‘honor’ Killings of such persons who under go inter-caste or
inter-religious marriage of their own free will. There is nothing honorable in
such killings, and in fact they are nothing but barbaric and shameful acts of
murder committed by brutal, feudal minded persons who deserve harsh punishment.
Only in this way can we standout- such acts of barbarism.” But it was earlier
held by the honable Supreme Court that “The Caste system in India is
ingrained in the Indian mind. A person, in the absence of any statutory law,
would inherit his caste from his father and not his mother even in a case of
inter-caste marriage.”<2003 AIR SCW 5149 para 27>
Honble
Justice H.K. Sema and Dr. AR Lakshmanan JJ in Anjan Kumar vs U.O.I., (2006 AIR
2006 S.C. 1177) also enunciated as follows-:
“The offshoots
of the wedlock of a tribal woman married to a non-tribal husband – forward
class (Kayasth) can not claim Scheduled tribe status.”
Now it
is impossible to understand what is the politics of cast?
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