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

Team Latestly
·1-min read

New Delhi, February 23: While hearing a petition related to the intercaste marriage, Himachal Pradesh High Court said that "a girl is not a cattle or non-living thing but a living independent soul having rights, like others, and, on attaining the age of discretion, to exercise her discretion according to her wishes." Tamil Nadu: Man & Pregnant Wife Hacked to Death Over Inter-Caste Marriage.

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The Bench of Justice Vivek Singh Thakur was hearing a petition related to the marriage of an upper-caste girl with a scheduled caste boy. Thakur said that a woman is at liberty to go and live wherever she wants.

“We are living in a state governed by the Constitution and discrimination on the basis of caste by denying of right to choose spouse, is in violation of fundamental rights guaranteed under the Constitution of India,” Thakur said.

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Referring to the Shrimad Bhagavad Gita, the Court said that "discrimination on the basis of caste sometimes is propounded on the basis of some Smritis and Puranas, forgetting the basic principle that the highest source of religious norms are Vedas and anything in any other religious texts, including Smritis and Puranas, which is contrary to the principles propounded in Vedas, is to be considered ultra vires to Vedas and thus, contrary to Dharma and, therefore, is to be discarded."

According to the court, the discrimination on the basis of caste is a violation of constitutional mandate as well as in opposition to real Dharma.