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Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     02 March 2010

What is the policy of The Indian Parliament, in regard to ca

In inter caste marriage, the caste of the child will be decided by its father’s caste alone, - as per the Supreme Court ruling.

If one's caste, decided by his father alone then what is the role of his/her mother in castism? Why mother will be deprived from her contribution to the child, as she married other caste person? Is it not strengthening caste system? What is the policy of The Indian Parliament, in regard to caste - either strengthening or abolishing the system?

pLease also see https://www.lawyersclubindia.com/forum/Inter-caste-marriage-which-caste-prevails-for-the-child/3740/



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 7 Replies

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     02 March 2010

according to the present system, father's caste decide the caste of the children. i am also having a question in my mind , why it is so? in this modern era why a female will be deprived from her child's caste matter? what is the cause of such deprivation? is it not a punishment to one female for marring in other caste?

please also see

https://www.lawyersclubindia.com/forum/obtaining-sc-certificate/15146/

Bhartiya No. 1 (Nationalist)     02 March 2010

Sir I agree with u. Females too are humans, and they too have certain wishes and rights.  It is the politicians who are dragging the caste system on, after muslim rule and Brithishers for their narrow political gains. To avail the benefits provided, people are concerned about the castes. It is a person who used to be weak not caste.  A weak is simply a weak, irrespective of his  caste  
 

Daksh (Student)     03 March 2010

Dear All,

I beg to differ with you for the following reasons.

The Supreme Court has given its verdict on the basis of the peculiar facts contained in the petition presented to it.   What I am trying to put forth is that there the order of the Supreme Court is only an extension to the norm of the Society (For example whatever little bit I have learnt about Hindu Law there are two schools Mitakshara and Dayabhag and most of the teachings comes from Manu School of thought (mostly Mitakshara) - which propounds the father to be the Head of the Family.    If the scheme of the Constitution of India is to be seen then everybody is free to change his/her religion as per his/her sweet will.  The only diacotomy is if someone wishes to pursue the Hindu Law then as the norm of the particular religion goes the Supreme Court cannot also look into it. 

Summarizing the above hypothesis it evidences that Supreme Court judgement does not gives blanket order but the faith we follow, the religious belief we adopt accordingly we have to conduct ourselves as per its norms. 

Last but not least the question is more larger that in the changing politico economy scenario the religious rigidity should give way to openess and I sincerely appreciate Mr.Ashutosh Jaiswal's view point that both the genders should (albiet must ) be equal.

Thanks and best regards

Daksh

Daksh (Student)     03 March 2010

Dear Mr.Arup,

May I request you to give me the citation of the case you are referring to.

Best Regards

Daksh

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     04 March 2010

i do not have i read it here in some place , i could not remember.

but from the office (personel deptt.) of mine, i also came to know it about 15 years back. one of my friend came to know this formula, while he claim for a sc certificate for his wife, who is a non sc  person. he got the same reply.

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     08 March 2010

There should not be any caste system in India which is against the humanism even. Bhartiya is the only caste.

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     09 March 2010

thanks to makkad and all others.

yes there should not be any caste system, but it is there and casteism have a strong hold on the indian society.

i feel, not only casteism, to some extent fundamentalism of any religion;  a hard core nationalism - like facist; should not be here (in this modern society); - only humanism should be here.

the only religion should be humanity and nothing else.


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