Ancient society valued freedom and equality, now people are influenced by orthodox phenomena

Fareeda Aziz and another Vs State of Haryana and others

Punjab & Haryana HC

03/01/2019

CRM M-02-2019 (O&M)

About/from the judgment:

The social values in ancient society had propounded freedom, liberty and equality but the shackles of millennium long slavery made the society complexened one and it resulted into the darkest aspect of casteism, remarked Justice Raj Shekhar Attri of Punjab and Haryana High Court while disposing of some petitions seeking police protection.

 

In one such case, a girl had approached the high court seeking police protection from possible attacks by relatives, who are against her marrying a boy from another caste/religion.

 

"To the mind of this court, the petitioners have every right to seek the protection of their life, limb and liberty… Although, both of them claim to be legally married yet the validity of their marriage is not an issue before this Court. Instead, this Court is concerned with the safety of their life, limb and liberty," the court said.

 

The court further observed that constitutional philosophy completely eradicates discrimination on the grounds of casts, creed, religion, domicile etc. "It has propounded the equality and freedom. But after a lapse of 68 years since after coming into force of the Constitution of India, the citizens, especially in the ruralities, are under the influence of orthodox phenomena and believe in the traditional societies. It gravely affects the doctrine of social justice and equality," the judge added.

 

The court also reproduced directions issued in an earlier order in Pardeep Kumar Singh versus State of Haryana.

 

The court finally disposed of the plea by directing the state of Haryana to examine the complaint and provide protection if it is found that there is real and genuine threat to their life, limb and liberty.

Read the Judgment

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