IN THE HIGH COURT OF ALLAHABAD
M. KATJU, ONKARESHWAR BHATT
SHANKER - Appellant
Versus
STATE OF UTTAR PRADESH - Respondents
C. M. W. P. 888 Of 2001
Decided On : 03/01/2001
Caste Atrocities - Caste Discrimination - IPC Section 147/323/504/506, SC/ST Act Section 3(1)(10) - The judgment discusses the caste system, its historical context, and its impact on modern society. It emphasizes the need to eradicate the caste system and condemns the derogatory use of caste-based terms. The court directs expeditious consideration of the bail application while ensuring that the judgment does not influence the trial.
Fact of the Case:
The writ petition challenges an F.I.R. alleging atrocities on a Harijan woman by members of the Yadav and Brahmin communities, highlighting caste-based discrimination and violence.
Finding of the Court:
The court refrains from expressing an opinion on the F.I.R. allegations to avoid prejudicing the trial. It emphasizes the need to eradicate the caste system and condemns the derogatory use of caste-based terms.
Issues: Allegations of caste-based discrimination and violence, the impact of the caste system on modern society, and the need to ensure equality and non-discrimination.
Ratio Decidendi: The judgment refrains from expressing an opinion on the F.I.R. allegations to avoid prejudicing the trial. It emphasizes the need to eradicate the caste system and condemns the derogatory use of caste-based terms.
Final Decision: The court directs expeditious consideration of the bail application while ensuring that the judgment does not influence the trial.
( 1 ) ). This writ petition has been filed against the impugned F. I. R. dated 4-1-2001 in case crime No. 4 of 2001 under Section 147/323/504/506 IPC read with Section 3 (1) 10 S. C. /s. T. Act police station Dhanghata, district Sant Kabir Nagar, copy of which is Annexure 2 to the writ petition.
( 2 ) THE aforesaid F. I. R. reads as follows:
( 3 ) A perusal of the above F. I. R. shows that the allegations therein are that certain persons belonging to the Yadav and Brahmin community came to the house of the respondent No. 3 Shobha Devi who is a Harijan by caste at about 6 p. m. on 20-12-2000. It appears that there was previous enmity between the parties because of Panchayat election in which first informant Smt. Shobha Devi had defeated thecandidate set up by the previous Pradhan Ashish Yadav. In this connection the accused Rajesh, Dinesh Pandey had previously beaten up Shobha Devis son Chandra Mani regarding which a criminal case had also been registered. On 20-12-2000 at about 6 p. m. the accused came to the house of Smt. Shobha Devi and gave filthy abuses calling her sali chamaran and asked her to call her sons Indramani and Chandramani. When Smt. Shobha Devi said that her sons were not there and they should stop giving abuses, some of the accused beat Smt. Shobha Devi, the first informant, with lathis and kicks and fist blows. Some of the accused entered the house and took away the box containing Rs. 15000. 00 and some silver and gold jewelry. Some of the accused snatched the year-ring, chhalla (ring) etc. of Smt. Shobha Devi. Some of the accused called Smt. Shobha Devi chamar and said that she should be killed and gave filthy abuses. This incident was witnessed by Shobha Devis daughter and daughter-in-law who had shut the door due to fear. Some unknown persons belonging to the group of the accused were also standing with firearms at Shobha Devis door. Even after the aforesaid incident the accused had been harassing Shobha Devi and her children.
( 4 ) WE are not expressing any opinion about the correctness or otherwise of the allegations in the F. I. R. at this stage since that may prejudice the trial but we would like to make some observations in connection with atrocities on caste basis which are still going on in this country although we are now living in the 21st century.
( 5 ) THE caste system is a great evil and must be destroyed quickly and ruthlessly if our country is to progress. There may have been some utility of the caste system at a certain stage of our nations historical development, as it introduced a rudimentary kind of division of labour in society at a certain stage of our social development. However, something which may have been useful at one time may become an evil subsequently. Today there can be no manner of doubt that the caste system is a great evil in our country and must be destroyed. In the modern age of science and technology the division of labour in society cannot be on the basis of birth but must be on the basis of technical skills. The caste system is, therefore, totally outmoded and redundant in society and in fact it is a great obstacle to our nations progress today.
( 6 ) IT may be mentioned that the basis of the caste system was the feudal occupational division of labour in society. In our country every feudal age profession became a caste. Thus washerman (dhobi) became a caste, and similarly Badhai (carpenter) became a caste, Kumbhar (potter) became a caste, Lohar became a caste, Chamar (people who do leather work) became a caste, etc. Thus in feudal society one had no choice to choose ones profession, but had to follow his fathers profession. The son of Dhobi had to become a dhobi, the son of badhai had to become a badhai, and so on. This was obviously because in the feudal middle ages there were no technical or scientific institutes and hence the only way to learn a craft or trade was to sit with ones father since childhood and learn it. However, in the modern age there ar
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