According to Dr. Ambedkar, intercaste marriage is "the real remedy for breaking caste" and the "fusion of blood" will foster a sense of belonging. We must not occasionally encourage "inter-caste dinners and inter-caste marriages, which were futile methods of achieving their ends" and instead preserve the integrity of the Shastras, upon which caste was formed.
There are only 5% of intercaste marriages in India.
Only 5.8% of Indian weddings, as reported by the Census 2011, were inter caste marriages, a rate that stayed constant for 40 years. Only 5% of Indian marriages, according to the India Human Development Survey, are inter caste unions.
According to the most recent National Crime Records Bureau (NCRB), 77 murder cases were registered in 2016 with "honor killing" as the motive. The actual scenario is worse; these numbers are underreported.
The majority of respondents to a 2016 Social Attitudes Research for India (Sari) study in Delhi, Mumbai, Uttar Pradesh, and Rajasthan were opposed to inter-caste and inter-religious marriages. More crucially, they supported passing legislation outlawing such unions.
Inter-caste marriages and the law
The Supreme Court ruled in 2018 that marriage between consenting adults is permitted regardless of caste.
In 2021, the Supreme Court emphasized the right of adults to choose their life partner and the need for society to learn to accept inter-caste and inter-faith marriages while hearing a case of an inter-caste marriage where the couple was seeking protection from a criminal case filed by the father of the woman. The judges emphasized the "need for special rules and a training module for policemen to deal with such "socially sensitive issues."
The Supreme Court warned khap panchayats in February 2018 not to interfere with inter caste and inter religious weddings and told them to quit acting as the social conscience of the community. Then Chief Justice Dipak Misra stated, "If people choose to get married, they are adults and you are nobody to interfere."
The court was considering a request to outlaw honor killings committed in the name of caste and religion by khap panchayats.
The Delhi High Court emphasized in August 2022 increasing public awareness of the presence of special cells in each district to handle complaints relating to harassment of inter-caste marriages. The Supreme Court issued a directive that the cells be built.
It's a wonderful purpose, remarked Justice Jasmeet Singh. However, it shouldn't just be a formality or a piece of paper. Sensitize everyone, please. Please activate them if they are still in the infant stage. The time calls for it. The protection of inter-caste marriages is necessary. Notably, Article 21, or the right to life and liberty, includes the freedom to marry the person of (one's) own choosing as a fundamental right. Such a right shall be enforced by the State.
India's inter-caste marriage protection law
To recognize and register interfaith and inter caste unions in India, the Special Marriage Act (SMA), 1954, was passed. It allows two adults to wed one another through a civil contract legally.
This law includes weddings between Hindus, Muslims, Christians, Sikhs, Jains, and Buddhists; no religious rites must be performed. Both Indian citizens and Indian nationals who reside abroad are covered by the statute.
Both spouses must be sane and able to provide their consent at the time of marriage, according to Section 4 of the statute. The parties who wish to get married must notify the local marriage officer by Sections 5 and 6. Significantly, the area encompasses the residence of one of the spouses for the last 30 days. The notice of marriage is published in the marriage officer's office. One has 30 days to register a complaint if they have objections to the marriage. The marriage can be rejected if the marriage official upholds any such objection. Finally, the Center also runs a program to encourage inter-caste unions. If one of the partners is a Dalit, it offers Rs 2.5 lakh.
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