Supreme Court Urges Govt. To Create Laws To Protect Inter-caste Marriage Couples

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Supreme Court Urges Govt. To Create Laws To Protect Inter-caste Marriage Couples
Supreme Court Urges Govt. To Create Laws To Protect Inter-caste Marriage Couples

 

The Supreme Court has directed the central government to introduce legislation protecting inter-caste marriages noting that it was “absolutely illegal” for any body to attack couples for marrying outside their caste .

 

It has warned that if the government fails to bring in such legislation the court would be forced to frame the necessary guidelines.
A bench comprising Chief Justice Dipak Misra as well as Justice A M Khanwilkar and Justice D Y Chandrachud referred to the murder of Nitish Katara by the family of a girl he loved and slammed the practice of organised violence against inter-caste couples, particularly by khap panchayats.

The bench said that the problem of violence was “a serious problem which inter-caste couples face,”  adding that “any kind of collective attack” on an adult boy or girl was illegal .

 

The issue has been presented before the SC via a PIL filed by NGO ‘Shakti Vahini’.

Nobody Can Question Decision By Adults

 

A former lieutenant general sought to dispel the negative idea about khaps pointing out that their efforts was helping to change things in the panchayats as well as improve the sex ratio in northern states.

In response, the bench said that it was not “concerned with khaps” but that if an adult girl and an adult boy get into a marriage alliance by their choice, “no panchayat, khap, individual or even parents” can question their decision.

Senior advocate Raju Ramachandran who is appearing as amicus curiae informed the bench that the Law Commission had in its 242nd report, proposed that a law for freedom of matrimonial alliances be developed.

 

Ramachandran stated that he had provided his suggestion on the matter months ago but the Centre was yet to clarify its stance. He noted that the Centre has been asking for adjournments repeatedly for submitting its suggestions , saying that it had to consult the states on the matter as law and order is a state subject.

 

Appearing for the government, additional solicitor general Pinky Anand has requested for three weeks’ time to submit its suggestions.

The bench rapped the government, noting that it doesn’t ” take these matters seriously”, and stated that if a legislation is not introduced, then the court would “evolve a principle and lay down guidelines.”

 

The bench has directed the ASG to submit the Centre’s response in two weeks’ time and has posted the PIL for hearing on February 5.

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