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PIL for ‘Gandhi caste’ rejected

Legal Correspondent

“It cannot be allowed as per statute”


Create awareness of need for casteless society: judge

Elected representatives perpetuated caste system: petitioner


New Delhi: The Supreme Court has rejected at the admission stage a public interest litigation petition filed by an 81-year-old freedom fighter for a direction to the Centre and the States to chalk out a programme for creation of a new caste, ‘Gandhi caste’ to pave the way for establishment of a casteless society.

A two-judge Bench on Friday told ‘Salem’ Velu Gandhi alias C. Velu, who was permitted to speak in Tamil, “Your prayer cannot be entertained.”

Chief Justice K.G. Balakrishnan said, “Asking the court to create a Gandhi caste cannot be allowed as per the provisions of the Constitution. It is for Parliament to amend the Constitution.”

Justice Raveendran said, “There are other fora to espouse your cause. You create awareness among the public by writing in magazines and through public meetings.”

The petitioner said he felt aggrieved at the caste system and its serious consequences. To eradicate divisions in society on caste basis, there should be only one caste and that should be called Gandhi caste. “When babies are born they do not carry any special mark of caste. It is the society that labels them. The entire Hindu population is divided into more than 9,500 castes. Even among Muslims there are various sub-castes.”

Root cause of slavery

Mr. Velu regretted that caste labels had acquired government sanction as early as in 1920. Discrimination on the basis of caste was the root cause of the slavery of the country for long. After independence, the elected representatives perpetuated the caste system.

The nation should adopt a four-fold principle to form the Gandhi caste and usher in a true secular country, viz. involving those who did not believe in the caste system; inter-caste marriage families; orphan children, and those who decided to change their religion.

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