most are projecting fundamental rights are absolute. forgot marriage is institituion , it is the personal laws which decide what is your religion. secular nature constiturion is wrongly. used. projecting as if constitution is expecting people to be secular , not the state. constistution clearly says no one should be discriminated on the basis of religion , race, crees acste, etc. case laws are wrongly quoted eg as follow
Learned counsel for the petitioner also relied upon a judgment
reported in (2018) 1 SCC 295- Sunita Singh Vs. State of Uttar Pradesh and Others in which the Supreme Court has observed that the caste is
determined by birth, which cannot be changed by marriage with a person of
Scheduled Caste. In the said case, it has also been observed that a candidate
born in 'Agarwal family' which falls in general category, she should not have
been issued with Scheduled Caste certificate merely because she entered into
marriage with a person of Scheduled Caste. According to learned counsel for
the petitioner, here in this case also, the petitioner was Scheduled Caste by birth
but after marriage with a Muslim boy, she cannot be deprived to get the benefit
of her caste.
This is a case of hindu tribal married to muslim boy converting herself to inslam. then why sunita sing case is refered here. what is the relevance. IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
WP No. 13036 of 2022
(ANNU VERMA @ ANJUM BANO D/O PURANLAL VERMA Vs THE STATE OF MADHYA PRADESH AND
OTHERS)
I my case why caste disability act is mentioned in section 20 of sma, this is applicable to whoever looses religion, caste or excommunicated from community. clearly mentioned in preable of the act. in these cases a hindu father totally ditach from daughter, no further matrimonial alliances with daughter. and community also eccommunicates, no one even allow interaction with them. then the intended remedy parliament provide is for marriages solemnozed under SMA sucession rights. where is your religion and caste is saved by the ACT. when we construe statute taking its texts and other acts refered in the statute known what is the damage and what is the indented remedy provided by the act / praliament. but talking just in air
