LAXMI KACHHAWAHA Vs. STATE

JUDGEMENT

(1.) This petition is filed by a lady, Political and Social Worker, in public interest drawing attention of this Court to the malpractices and atrocities allegedly being committed by the bodies called caste panchayats on the weaker-sections of the concerned communities, especially on the woman members of the community. It has been averred in the petition that even these bodies called caste panchayats are not properly organised and constituted on principles of democratic representation and without any election, unruly elements in the community declare themselves as Panchas of the community and rule the community as such. It is alleged that without following any norms the community panchayats exercise powers of granting divorce, resolving legal disputes, imposing penalties and imposing punishments etc. There being no sanction of law behind the decisions given by such panchayats, the Panchas get their decisions executed by resorting to threats and muscle-power. It is also alleged by the petitioner that the community panchayats are forcibly dissolving legal marriages and granting illegal divorce to legally wedded couples. They harass the ladies of the community by following various unfair practices. Certain instances have also been cited in the petition of not only compelling females to consent to a divorce but also of imposing fines to the tune of Rs. 51000/-. Instances of compelling members of the community to give "Mrityubhoj" and other such illegal activities have also been alleged in the petition. Some newspaper cuttings have also been annexed to the petition. The petitioner also approached the Chief Minister with a representation requesting proper and effective action against such illegal activities. According to the petitioner after waiting for a few days for Govt. to take some action, the petitioner ultimately filed the petition, in which the following reliefs have been prayed for :-

(2.) During the pendency of the petition an application for intervention has been moved by members of Nagori Telian Community supporting the original petition.

(3.) We have heard the learned counsel. This petition is an example of a well intentioned exercise in futility. The petitioner seems to have been inspired by the wide spread belief that a public interest litigation is a panacea for all evils including social evils. An impression has gained ground that Courts can do anything and everything on earth. Some audacious public interest litigants have come to believe and would like the Courts to believe that not only the Courts have unlimited powers to pass any kind of orders but they are also duty-bound to do so. We have the experience of some such petitions being argued in a manner which gives an unmistakable impression that public interest litigant has done his duty by putting the matter before the Court and it is the Court which would be failing in its duty if it does not accede to the request to intervene. Some such belligerent public interest litigants have gone to the extent of arguing that social evils are persisting in the society and the public grievances are not being redressed because the Courts are not doing their duty to pass appropriate orders. Fortunately, the learned counsel appearing in this case did not make any such unreasonable requests but all the same expected this Court to do something according to its own light to remedy the wrong pointed out in the petition.