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The Supreme Court of India declined to entertain a petition seeking to declare the caste system unconstitutional on Tuesday. The petition, filed under Article 32 of the Constitution by Wazir Singh Poonia, contended that the caste system is unconstitutional and violates the fundamental rights enshrined in the Indian Constitution.
The bench, led by Chief Justice of India (CJI) D.Y. Chandrachud, with Justices J.B. Pardiwala and Manoj Misra, heard the matter. The petitioner argued that the caste system is inherently against the fundamental rights guaranteed by the Constitution, particularly the right to equality. India’s caste system is one of the world’s oldest forms of social stratification. It divides Hindus into rigid hierarchical groups, which play a determining factor in their social and religious life.
The bench disagreed with the petitioner’s claim of the caste system being unconstitutional, citing specific constitutional provisions that acknowledge the caste system. “There are provisions in the Constitution specifically referring to caste, to socially and educationally backward classes. The Constitution as originally drafted refers to the Scheduled Caste (SC) and Scheduled Tribes (ST),” observed CJI Chandrachud during the hearing. The Indian Constitution also contains provisions prohibiting discrimination based on caste and has established quotas in government jobs and educational institutions for SCs and STs.
“We are not inclined to entertain the petition under Article 32 of the Constitution of India,” stated the CJI, as the bench dismissed the plea. It was concluded that there was no merit to be found in the plea, as there was no breach of fundamental rights. “This is not a case for our interference,” the court declared, bringing an end to the proceedings.
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The bench, led by Chief Justice of India (CJI) D.Y. Chandrachud, with Justices J.B. Pardiwala and Manoj Misra, heard the matter. The petitioner argued that the caste system is inherently against the fundamental rights guaranteed by the Constitution, particularly the right to equality. India’s caste system is one of the world’s oldest forms of social stratification. It divides Hindus into rigid hierarchical groups, which play a determining factor in their social and religious life.
The bench disagreed with the petitioner’s claim of the caste system being unconstitutional, citing specific constitutional provisions that acknowledge the caste system. “There are provisions in the Constitution specifically referring to caste, to socially and educationally backward classes. The Constitution as originally drafted refers to the Scheduled Caste (SC) and Scheduled Tribes (ST),” observed CJI Chandrachud during the hearing. The Indian Constitution also contains provisions prohibiting discrimination based on caste and has established quotas in government jobs and educational institutions for SCs and STs.
“We are not inclined to entertain the petition under Article 32 of the Constitution of India,” stated the CJI, as the bench dismissed the plea. It was concluded that there was no merit to be found in the plea, as there was no breach of fundamental rights. “This is not a case for our interference,” the court declared, bringing an end to the proceedings.
The post India Supreme Court rejects petition challenging constitutionality of caste system appeared first on JURIST - News.
Continue reading...
Note: We don't have any responsibilities about this news. Its been posted here by Feed Reader and we had no controls and checking on it. And because News posted here will be deleted automatically after 21 days, threads are closed so that no one spend time to post and discuss here. You can always check the source and discuss in their site.