Don’t become paternal figures,HC tells khaps

Observing that India is a “free country” and there was nothing wrong in “people getting married as far as the marriages are according to law”,Chief Justice Mudgal remarked: “Peace can be assured only by arresting (the) handful of lawbreakers who are roaming freely.”

Questioning the motive behind filing such a petition,an angry chief justice said: “How are you bothered if they (couples) don’t want to follow the customs but follow the law. Let society look after itself. This is none of your business in interfering in somebody’s marriage. You people stick to your customs and ensure that your children are married according to gotras,but do not enforce these customs on society.”

Taking strong objection to the demand for amendment in the Hindu Marriage Act and issuing a legislation for prohibition of intra-gotra marriages,Justice Mudgal observed: “How can the court give such a direction? Show us one Supreme Court judgment which enables the court to pass such directions to the legislature to issue a legislation.” On the other hand,Justice Jasbir Singh asked Advocate R K Handa,counsel for the petitioners,to prove if intra-gotra marriages had any historical background.

Reacting sharply to an averment raised wherein reference was made to the Vedas,the bench remarked that the courts could only enforce Constitution and not Vedas. “We respect Vedas,” the bench said. Refusing to entertain the public interest litigation (PIL),the bench has given the petitioners liberty to make a representation to the state government to address their demands.

Jointly filed by three persons,including former sarpanch of a village,an advocate and a retired government employee,the PIL had requested the court to “make a fresh law or amend the existing Hindu Marriage Act so as to enforce the law,prohibiting marriages between girls and boys of same gotra (clan)”.