Evidence of Gotra

Dear Shri Arun Kumar ji,

In my opinion, Shankaracharya can be called for evidence and his statment  about existence or non existence of a tradition will be admissible in evidence.

But here is question of identification of an individual's gotra and how or on what basis can a shankararya stat that a particular person belongs to a particular gotra ! In this regard Bahi ( register ) of  tirth purohit may be produced but it is not sure that each and every family would have visited that tirth and got recorded his family tree with the tirth purohit.

Sh. Tripathi ji,

That is where science try to take over "way of life, which is Hinduism" and thus comes into picture the DNA testing as valid Evidence. But then consent of both parties is necessary for DNA testing otherwise as per recent Hon'ble SC guidelines on Narco Analysis Evidentary proof this (DNA testing results) may be in-admissible to both sides.

Let us wait, I think NCW (National Council of Women) are drafting presentation on Amendment in HMA as well as Indian Evidence Act and may be Law Commission is workign on placing certain guidelines on this too.

So till that time DNA testing with consent of both parties should be the scientific "admissible proof" is my view. It could be tried as precedent Sir :-)

BTW, Sh. Shankaracharya may come into picture during "Media Trial" as well as some "well known tirth purohit" having pan India Hindu fan following one of these days on Khap panchayat media debate part II is my secondary view.

Rgds

Dear Dr. Tripathy.

Now the purpose of posting this thread is clear. For this purpose you have to bring a PIL. But very recently one PIL not admitted on the same matter. If you rectified the drawbacks in your PIL, I hope it may be admitted. Your question on this matter is :-

·        What facts (proofs) can possibly be brought before the court to prove the gotra of a party in the case or gotra of spouses of disputed marriage?

·        Under what provisions of The Evidence Act those facts/proofs will be admissible in evidence?

As the ‘gotra’ based on some unscientific assumpations, it is difficult to determine a persons ‘gotra’ beyond reasonable doubt. ‘x’ & ‘y’ denotes chromosome. It is part of DNA. Determines the Sex of a baby.  It is unable to confirm a person’s  “gotra”.

You have to prove in your PIL that the proposed scheme in regard to ‘gotra’ is, - not unjust; unfair; & unreasonable.

A healthy debate at Supreme Court is welcome and may stop the chaos on the matter.

Thanks.

There is no doubt that a party can produce the Shankaracharya and Tirth Purohit as a witness under s. 48 of the Evidence Act. But their evidence will be limited to existence of a custom at larger scale in the society.

Another provision, s. 49 of the Evidence Act, says:

"When the court has to form an opinion as to - the usages and tenets of any body of men or family,

-------  the opinions of persons having special means of knowledge thereon, are relevant facts."

Can the issue under discussion be tested under s. 49 of the Evidence Act ? i.e. whether establishing the gotra of a person can be brought under ambit of the terms "usages ....of family" ?

Tripathi Sir,

Genealogy registers  of Hindu families, maintained by Brahmin Pandits (Priests) or ‘Pandas’, who double up as professional genealogists, at Haridwar(other places in these records having records of Hindu families are Kurukshetra, Pehowa, Chintpurni, Jawalapur, and Jawalamukhi), has been a subject of study for many years now. In several cases, these voluminous records or Vahis (Bahi), have also been used in settling legal cases regarding inheritance or property disputes, as these records are held sacrosanct both by the pilgrims and the Pandas themselves, and in many places these records trace family history, for over twenty prior generations, stretching across many centuries

As per Sec 13.of Indian Evidence Act  Facts relevant when right or custom is in question.-Where the

question is as to the existence of any right or custom, the following

facts are relevant:-

(a) any transaction by which the right or custom in question

was created, claimed, modified, recognized, asserted or

denied, or which was inconsistent with its existence:

(b) particular instances in which the right or custom was

claimed, recognized or exercised, or in which its

exercise was disputed, asserted or departed from.

And Sec 32 (7). When the statement is contained in any deed, will or

other document which relates to any such transaction as

is mentioned in section 13, clause (a).

or is made by several persons and expresses feelings relevant to

matter in question.

So as per my opinion the record of Genealogy registers  of Hindu families, maintained Pandas at several places can be produce as evidence for the purpose deciding GOTRA in above  said Sections cause they are more relevant.

Regard.

No doubt Bahi of Teerth Purohit can be produced in evidence.

But , as I doubted earlier, what about those  families who may not have visited to such Teerths and their names may not find place  in the Bahi of Purohit ?