DAULAT KUNWAR Vs. STATE OF UTTARAKHAND AND OTHERS

JUDGEMENT

(1.) Impleadment Applications are not seriously opposed. In such circumstances, the applications will stand allowed.

(2.) 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 into various other menial bonded labour such as washing clothes, collecting human faeces, physical and sexual violence relating to lower caste women and young girls, exploitation of Dalits and discrimination in employment. Petitioner relies on Art. 14 of the Constitution of India, which proclaims Equality before law and equal protection of the laws; Art. 17 of the Constitution of India, by which untouchability has been abolished and its practise in any form is forbidden; Art. 25 of the Constitution of India which provides for entitlement to all persons to freedom of conscience and the right freely to profess, practise 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 Art. 17 of the Constitution of India, runs the case of the petitioner.

(3.) 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.