|Originally posted by : Democratic Indian
Originally posted by : Dr. MPS RAMANI Ph.D.[Tech]
The statement is absolutely wrong. No caste climbing through marriage is possible in Hinduism.
The Indian Constitution is a secular Constitution. Fundamental Duties and Fundamental Rights are two sides of the same coin. If there is a fundamental duty for citizen, it definitely has corresponding fundamental right of citizen to do that duty in Part III. Article 51A(h) on Fundamental duties clearly says "to develop the scientific temper, humanism and the spirit of inquiry and reform;" it means right to enforce these exist in Part III. It also means the Constitution is not bothered about caste climbing. Rather it is bothered about developing the scientific temper, humanism and the spirit of inquiry and reform(includes caste climbing or getting rid of caste for purpose of reform etc.).
It is very unfortunate but well known fact(even acknowledged by legislations like SC/ ST Act) that persons belonging to SC/ST are looked upon by many sections of society in very atrocious, unrespectful, undignified, undersirable, discriminatory manner. If some child of SC and OBC parents wants to do caste climbing(from SC to OBC), scientific temper, humanism and the spirit of inquiry and reform as desired by Constitution do support this. Morever it is not caste climbing as you would like to call, if you use your scientific temper, the child has 50% DNA of each parent of different caste, child has natural human right to make a choice which caste to take on for social or public purposes. How can a secular State prevent this natural human right? Did the Supreme Court not intervene in the triple talaq case?
Courts are not infallible, they can do mistakes and they do correct themselves from time to time. Moreover, any legal precedent can only apply to same or similar set of facts. It cannot apply to different set of facts.
@ Democratic Indian,
Frankly speaking to some extent by MDr. Ramani and to the most extent by you, the topic hase quite been sidetracked from its real issue pertaining to the query of the querist.
Further, some vagueness is clearly demonstrated in your observation, just like some leaders prefer to start igniting some controversy in some particular issue without any reason or rhyme
However, with reference to your observation, I would also like to present my viewpoints.
Constitution of India is a sleeping giant, particularly the biggest majority of common man of the democratic aIndia is unaware about its contents. Whereas everything takes shelter (positively or even negatively) on the body of the said Constitution. But in the context of the Consitution of India, if anything is brought to prominence by any source, i.e., legislation, media or otherwise, in anyway they can present, repurcussions, as are sure to arise start tasking place and got broadened by any affected parties.
So, why expect them to be gagged, particularly when you believe that the constitution contains fundamental rights also besides the duties? Even the Constitution, while speaks about rights, in itself makes provisions for curbing of some rights also in one or the other way. Further, when you believe, "Fundamental duties clearly say "to develop the scientific temper, humanism and the spirit of inquiry and reform;" the question arises, who is responsible for developing such temper or spirit amongst the public in general, whether the rules or the public in themselves?
Every activity pertaining to the democracy in present day is pivoted around solely on the politicians after exercise of one day's democratic right of franchise by the people of India. Rest the politicians have to take care for the entire period of 5 years. EVEN YOU DON'T ENJOY THE RIGHT TO RECTIFY YOUR MISTAKE OF WRONG CHOICE BY IN ORDER TO RECALL HIM BACK IF YOU HAVE ELECTED SOME WRONG PERSON. So, only the the political leaders/parties can be blaimed for failure for non development of the desired temper and spirit among the people. Every day, one political leader says something controvesrial and the medis starts giving air to that as of the bigesst news of the world in the name of "SABSE BADI KHABAR," and the people of different ideologies start wasting of their time in discussion or forming their own assumptions, both, positive as well as negative. This is the biggest drawback of the present day democracy that there is no adequate control system.
In nutshell, anything directed by the Constitution goes haywire when no adequarte control system is developed. Laws provide only punishment, not the realistic remedies to develop mechanism (punisment is certainly not mechanism) to develop tempers and spirits.