The Delhi high court on Friday dismissed a public interest litigation (PIL), which sought to ban marriages within the same “gotra” (clan), and asked the petitioner which Hindu scriptures forbade the practice.
After hearing a PIL from the petitioner Naresh Kadyan, a vacation bench comprising of Justices S.N. Dhingra and A.K. Pathak, observed, “You don’t know what is gotra? Which Hindu text prescribes banning of sagotra (same clan) marriage? Why are you wasting the time of the court.” Cautioning Kadyan that heavy costs could be imposed on him for wasting the time of the court, the division bench asked him to withdraw the petition and said, “If you are not able to substantiate your words, then you should not have come before the court.”
Rajendra Yadav, the lawyer appearing for Kadyan, contended before the court that same gotra marriage were violative of the fundamental rights and against Hindu traditions. Mr Yadav sought the intervention of the court to give directions to the government for appointment of a commission to bring about the necessary amendments in the Hindu Marriage Act (HMA) in order to prohibit marriages in the same clan (gotra).
The counsel further told the court that khap panchayats have decided to go on a strike from June 21 to protest the marriages in the same gotra.
To this, the court observed, “Strike is your fundamental right. Who is stopping you to go on strike,” and dismissed the petition, which was deviod of merit.
The Supreme Court on June 14 has declined to entertain Kadyan’s petition, asking him to approach the high court concerned.