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India Supreme Court rejects petition challenging constitutionality of caste system

by Derek Andrews
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The Supreme Court docket of India declined to entertain a petition looking for to declare the caste system unconstitutional on Tuesday. The petition, filed beneath Article 32 of the Structure by Wazir Singh Poonia, contended that the caste system is unconstitutional and violates the fundamental rights enshrined within the Indian Structure.

The bench, led by Chief Justice of India (CJI) D.Y. Chandrachud, with Justices J.B. Pardiwala and Manoj Misra, heard the matter. The petitioner argued that the caste system is inherently towards the elemental rights assured by the Structure, notably the fitting to equality. India’s caste system is without doubt one of the world’s oldest types of social stratification. It divides Hindus into inflexible hierarchical teams, which play a figuring out issue of their social and non secular life.

The bench disagreed with the petitioner’s declare of the caste system being unconstitutional, citing particular constitutional provisions that acknowledge the caste system. “There are provisions within the Structure particularly referring to caste, to socially and educationally backward courses. The Structure as initially drafted refers back to the Scheduled Caste (SC) and Scheduled Tribes (ST),” observed CJI Chandrachud in the course of the listening to. The Indian Structure additionally comprises provisions prohibiting discrimination primarily based on caste and has established quotas in authorities jobs and academic establishments for SCs and STs.

“We’re not inclined to entertain the petition beneath Article 32 of the Structure of India,” acknowledged the CJI, because the bench dismissed the plea. It was concluded that there was no benefit to be discovered within the plea, as there was no breach of elementary rights. “This isn’t a case for our interference,” the court docket declared, bringing an finish to the proceedings.

Source / Picture: jurist.org

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