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Girl Isn’t a Cattle but a Living Independent Soul with Rights: Himachal Pradesh High Court on Inter-Caste Marriage

Team SoOLEGAL 24 Feb 2021 3:00pm

Girl Isn’t a Cattle but a Living Independent Soul with Rights: Himachal Pradesh High Court on Inter-Caste Marriage

Himachal Pradesh High Court while hearing a petition regarding inter-caste marriage had held that, a girl is not a cattle but a living human being and she also has the right to work according to her wishes after attaining the age of majority. Justice Vivek Singh Thakur was hearing a petition in which an upper-caste girl had married a schedule cast boy. The Court had held that, the girl can do whatever she wants and can live wherever she wants.

According to the Court, the country is being governed by the Constitution of India and the Right to choose a spouse is a fundamental right. Discrimination on the basis of caste by denying the right to choose a spouse violates the fundamental rights which are being stated in the Constitution of India.

By referring to the Shrimad Bhagavad Gita the Court had stated that, discrimination on the grounds of caste is often proposed on the basis of some Smrites and Puranas, forgetting the basic principle that the highest source of faith is the Vedas and everything in every other religious text, including Smirites and Puranas, which is contradictory to the concepts laid down in the Vedas, is to be considered as ultra vires to the Vedas and also contrary to the Dharma.

The Court had held that, discrimination on the basis of caste is a violation of Fundamental Rights and contradicts the value of Dharma.



Tagged: Himachal Pradesh High Court   Inter Caste Marriage   Constitution of India   fundamental right  
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