Writ Petition (PIL) No. 72 of 2016, Impalement Application Nos. 6958 and 7590 of 2016. Case: Daulat Kunwar Vs State of Uttarakhand and Ors.. Uttarakhand High Court
| Case Number | Writ Petition (PIL) No. 72 of 2016, Impalement Application Nos. 6958 and 7590 of 2016 |
| Counsel | For Appellant: Ayush Negi, Advocate and For Respondents: Pradeep Joshi, Standing Counsel |
| Judges | K.M. Joseph, C.J. and Alok Singh, J. |
| Issue | Constitution of India - Articles 14, 17, 25, 366; Indian Penal Code 1860, (IPC) - Sections 153A, 295A, 3, 505; Protection of Civil Rights Act, 1955 - Sections 10, 2(d), 3, 4 |
| Judgement Date | January 07, 2017 |
| Court | Uttarakhand High Court |
Judgment:
K.M. Joseph, C.J.
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Implement Applications are not seriously opposed. In such circumstances, the applications will stand allowed.
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The issues, which are raised in this Public Interest Litigation are essentially centered around Dehradun District and it concerns with the rights of members of Dalit Community. Principally projected before us is the complaint that Dalits are not being allowed free entry in the Temples in the Jaunsar-Bawar Region in Chakrata Tehsil in Dehradun District. It is stated in the writ petition, inter alia that on 20.05.2016 in the Silgur Devta Temple in Punah Pokhri in Dehradun District, the petitioner along with one sitting M.P. of B.J.P. party, namely Tarun Vijay were attacked by a mob being agitated by the fact that they had along with others entered the inner sanctorum of the Temple when there is no entry or limited entry of lower castes in Temples of the said region. There is also reference to the Caste System in India and to the fact that a person's social status is obligated to which caste they were born into. It is contended that Caste System is highly prevalent in modern India in forms like manual scavenging, landless farm workers and peasants and being forced info various other menial bonded labour such as washing clothes, collecting human fasces, physical and sexual violence relating to lower caste women and young girls, exploitation of Dalits and discrimination in employment. Petitioner relies on Article 14 of the Constitution of India, which proclaims Equality before law and equal protection of the laws; Article 17 of the Constitution of India, by which unsociability has been abolished and its practice in any form is forbidden; Article 25 of the Constitution of India which provides for entitlement to all persons to freedom of conscience and the right freely to profess, practice and propagate religion, subject to public order, morality and health and also to other provisions of Part III. No doubt, this is subject to various provisions in the subsequent Sub-Articles. The Jaunsar-Bawar region has been notified as a Tribal area on 24.06.1967. There is reference to the petitioner along with other members of Dalit Community and M.P. being mercilessly beaten up. It is further contended that entry of lower castes or Dalits in the Temples in Jaunsar-Bawar region is restricted in around 340 Temples across the region and there is clear violation of Right to Equality and it also attracts Article 17 of the Constitution of India, runs the case of the petitioner.
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A counter affidavit has been filed on behalf of Senior Superintendent of Police. It is stated that the case has been registered and investigation has been transferred to C.B.C.I.D. in regard to the incident, which the petitioner has cited.
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In the counter affidavit of the District Magistrate, it is specifically stated that the provisions of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989, as amended are being complied with in the entire State, though the entire Jaunsar-Bawar area comes under the Tribal area and any action under Section 10 can be taken in appropriate cases. It is also stated that the provisions of the Protection of Civil Rights Act...
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