Sops apart, brave couples need protection, social esteem

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There have been efforts by the Governments at the Centre and States to recognise socially brave couples by rewarding them with financial incentives for going for inter-caste marriages.

Independent India has legally abolished practices of untouchability in any form which is punishable under provisions of law with enactment of the PCR Act 1955 and POA Act 1989.

Further, in order to encourage individual initiatives of persons defying social barriers with risk towards building social harmony, the Ministry of Social Justice and Empowerment(MSJE) has increased the incentive to couples of inter caste marriage  up to Rs 2.5 lakh with 50:50 sharing basis between the State and the Centre since 2017 and  uniformly made it for all States. The conditions put forth include a valid marriage between caste Hindu and scheduled caste of Hindu faith and marriage must be solemnized under Hindu Marriage Act 1955.

There is no income limit in providing the award and the money will be paid in a joint account of the couple in any nationalised bank. It is further said that the support will be used for purchase of land, starting a business or purchasing household articles.

Recently, Chief Minister Naveen Patnaik has launched a web portal “SUMANGAL” to promote this State sponsored initiative and administer the grant under the Odisha Right to Public Service Act 2012. It is told that after the approval, the eligible couple will avail the award within 60 days from the date of submission of their application.

The 2011 Census says 94 percent of total population of Odisha belong to the Hindu religion and 94 sub-castes in the State are identified as Scheduled Castes belonging to Hindu religion. The scheduled castes constitute 17.54 percent of the total population of the State.

There are very often reports of practices of untouchability and caste based discrimination among Hindus and atrocities against SCs in spite of protective laws. Last year 1,886 cases of atrocities had been reported by the Home Department of the State which include victims of inter caste marriage. In spite of favorable judgment by the Indian courts in appreciation of intercaste marriage, still the unending suffering of the couples has known no end.

With increase in education, urbanization and occupational mobility in social life, the number of such marriage has increased but the social mindset and acceptance has not been changing fast at par with the modern development. These couples need both legal protection as well as finical help to cope with the vulnerability arising out of untouchability.

The Census of 1931 first made an attempt to enlist the untouchable communities under the category of depressed classes and later under the Government of India Act 1935 a formal list of scheduled castes was prepared primarily based on the criteria of untouchability and the first scheduled caste order was issued in 1936.

After the enforcement of Constitution scheduled castes order was issued by the President of India and many schemes and programme have been lunched by the MSJE.

It is reported by the MSJE that during the period from 2017 to 2020, the Government of Odisha has received Rs 24 crore from the MSJE and total 4,262 couples have benefited under the scheme. The States such as Karnataka, Tamil Nadu, Maharashtra and Odisha have reported more beneficiaries in comparison to other States. The MSJE has spent Rs 358 crore covering 59,000 beneficiaries during the period 2017-2020.

Way back the builders of modern India such as Jyotiba Phule , Sree Narayan Guru, Mahatma Gandhi, Dr BR Ambedkar, Periyar EV Ramaswami and Rammonohar Lohia among others    advocated for intercaste marriage to end caste inequality. Dr Ambedkar in his famous book Annihilation of Caste in 1936 suggested for intercaste marriage to end caste based social segregations. 

Periyar translated the book into Tamil and published it in his journal. In 1946 Gandhi had made intercaste marriage compulsory in his Sevagram Asram as a commitment towards abolition of untouchability.It is told that without abolition of untouchability and eradication of caste it is not possible to build an egalitarian democratic society.

 Jyotiba Phule and Sabitribai Phule were not only pioneers in promoting education among women and low caste Hindus but also promoted intercaste Satyasodhak marriage through oath ceremony as part of their social reform movement.

The Universal Declaration of Human Rights 1948, and International Covenants on Civil and Political Rights and International Covenants on Economic, Social and Cultural Rights ratified by almost all democratic countries of the world have recognized right of men and women of marriageable age to marry and to find a family as a basic human right which needs to be protected by the State.

It says to eliminate all forms of discrimination against women in all matters relating to marriage and family relation on the basis of equality of men and women. The Indian Constitution recognises the values of democracy, liberty, equality, fraternity and dignity say that right to marry is a component of right to life guaranteed under Article 21. The Special Marriage Act, 1954 and The Hindu Marriage Act, 1955 have no restrictions on inter- caste marriage.

 It is said the bridegroom must be at least 21 years old and the bride must be at least 18 years old with both having sound mental capacity to enter into marriage contract. The Supreme Court of India in its judgment on July 7, 2006 in case of Lata Singh verses State of Uttar Pradesh says, “This is a free and democratic country and once a person becomes a major, he or she can marry whomsoever she or he likes.

The the parents of the boy and girl who do not approve the intercaste marriage, cannot harass, threaten or commit or instigate acts of violence on the couple." The court also says that "we must take care not to insult any one’s feeling on account of his/her caste."

There are reports of honour killing from many parts of the country with many runaway couple looking for protection against harassment and atrocities against them and in some cases they have even committed suicide. Therefore more than financial incentives, these brave couples deserve social appreciation and sympathy from friends and relatives and above all protection from atrocious dealings.

(manasbbsr15@gmail.com)

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