The main legal point established in the judgment is the duty of the state to ensure the rights of the Dalit community, particularly in the context of entry into temples and protection from discrimination.

K.M. Joseph, J.

1. Implement Applications are not seriously opposed. In such circumstances, the applications will stand allowed.

2. The issues, which are raised in this Public Interest Litigation are essentially centered around Dehradun District and it concerns with the rights of members of Dalit Community. Principally projected before us is the complaint that Dalits are not being allowed free entry in the Temples in the Jaunsar-Bawar Region in Chakrata Tehsil in Dehradun District. It is stated in the writ petition, inter alia that on 20.05.2016 in the Silgur Devta Temple in Punah Pokhri in Dehradun District, the petitioner along with one sitting M.P. of B.J.P. party, namely Tarun Vijay were attacked by a mob being agitated by the fact that they had along with others entered the inner sanctorum of the Temple when there is no entry or limited entry of lower castes in Temples of the said region. There is also reference to the Caste System in India and to the fact that a person's social status is obligated to which caste they were born into. It is contended that Caste System is highly prevalent in modern India in forms like manual scavenging, landless farm workers and peasants and being forced info various other menial bonded labour such as washing clothes, collecting human fasces, physical and sexual violence relating to lower caste women and young girls, exploitation of Dalits and discrimination in employment. Petitioner relies on Article 14 of the Constitution of India, which proclaims Equality before law and equal protection of the laws; Article 17 of the Constitution of India, by which unsociability has been abolished and its practice in any form is forbidden; Article 25 of the Constitution of India which provides for entitlement to all persons to freedom of conscience and the right freely to profess, practice and propagate religion, subject to public order, morality and health and also to other provisions of Part III. No doubt, this is subject to various provisions in the subsequent Sub-Articles. The Jaunsar-Bawar region has been notified as a Tribal area on 24.06.1967. There is reference to the petitioner along with other members of Dalit Community and M.P. being mercilessly beaten up. It is further contended that entry of lower castes or Dalits in the Temples in Jaunsar-Bawar region is restricted in around 340 Temples across the region and there is clear violation of Right to Equality and it also attracts Article 17 of the Constitution of India, runs the case of the petitioner.

3. A counter affidavit has been filed on behalf of Senior Superintendent of Police. It is stated that the case has been registered and investigation has been transferred to C.B.C.I.D. in regard to the incident, which the petitioner has cited.

4. In the counter affidavit of the District Magistrate, it is specifically stated that the provisions of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989, as amended are being complied with in the entire State, though the entire Jaunsar-Bawar area comes under the Tribal area and any action under Section 10 can be taken in appropriate cases. It is also stated that the provisions of the Protection of Civil Rights Act, 1955 are also being complied with. For complying with the maintenance of law and order in the area, it is stated that the Patwaris have been given powers of Police under the provisions of the Jaunsar Bawar Pargana (District Dehradun) Revenue Officials (Special Powers) Act, 1958. A Committee has been constituted on 24.05.2016 for the removal of difficulties consisting of S.D.M. Chakrauta, Kalsi and Tyuni as Chairman and Tehsildar, Naib Tehsildar, Principal Member, Zila Panchayat as members along with nomination of four persons of the Scheduled Caste and two persons of the Schedules Tribe of the concerned village or the nearest village. It is stated that the persons holding the post of S.D.M. and Tehsildar are also members of the Scheduled Caste and no incident of any d