Inter-caste or Intersect Marriage| Marriage is in no way connected to the service of a person: Meghalaya HC

“No authority can stop inter-caste or intersect marriage.”

Meghalaya High Court: A Single Judge Bench comprising of S.R. Sen, J. allowed a petition while expressing anguish and displeasure over the matter concerning the inter-caste or inter-sect marriage.

In the present case, the petitioner was working as an assistant teacher and was discharging his duties in full satisfaction. On the completion of 3 years and 5 months of service at the same position, the petitioner was verbally asked by respondent 7 to resign from his post and the reason behind the said action was that “the petitioner had married a lady from a different denomination which belonged to the Roman Catholic Church”.

For the above-said facts, petitioner had filed a written complaint to respondent 3 stating the discrimination actions. On acting in regard to the complaint filed, in the month of July 2018 petitioner was asked to come to the office of respondent 3 in which petitioner was given an assurance that the matter would be taken up, but till date, no positive response has been received. Petitioner was forced to resign from his post without any semblance of any complaint which was in gross violation of the principles of natural justice. Hence, the instant petition was filed by the petitioner.

Counsel for the petitioner Mr P Nongbri stated that respondent’s 7 and 8 refused to accept the notice of the Court. Further learned GA  Mr K. Baruaa ppearing on behalf of respondent 1-6 stated that government also issued a show cause notice but respondent’s 7 and 8 chose to remain silent on the same.

Thus, the High Court, while relying on the decision of the Supreme Court in Arumugam Servai v. State of Tamil Nadu, (2011) 6 SCC 405 in which it was stated that:

“Caste system is a curse on the nation and the sooner it is destroyed the better. Inter-caste marriages are in fact in the national interest as they will result in destroying the caste system.”

The bench in the stated decision observed that:

“We sometimes hear of ‘honour’ killings of such persons who undergo inter-caste or inter-religious marriage of their own free will. There is nothing honorable in such killings; in fact, they are nothing but barbaric and shameful acts of murder committed by brutal, feudal minded persons who deserve harsh punishment. Only in this way can we stamp out such acts of barbarism.”

Therefore, in the present case, the bench expressed shock that in the 21st century such a narrow outlook is still being carried out. Respondent’s 7 and 8 were directed to reinstate the petitioner immediately without any further delay and to clear all his dues, salary and other benefits along with a compensation of Rs 50,000 to be paid to the petitioner. [Dasuklang Kharjana v. State of Meghalaya, 2018 SCC OnLine Megh 287, decided on 20-12-2018]

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