LUCKNOW: The Lucknow bench of Allahabad High Court has issued fresh notices to the four major mainstream political parties of Uttar Pradesh (BJP, Congress, SP and BSP) seeking their response by December 15 (next hearing) on why there should not be a 'complete ban forever' on caste-based rallies in the state.
The court has also asked why the Election Commission of India (ECI) should not take action against those found organising such rallies. The fresh notices came from the High Court after no action was taken on its interim order passed nine years ago.
The double-judge bench, comprising Chief Justice Rajesh Bindal and Justice Jaspreet Singh passed the order recently on a Public Interest Litigation (PIL) filed by local lawyer Motilal Yadav. The petitioner had sought a ban on caste-based rallies in Uttar Pradesh. The order was uploaded on Sunday.
On July 11, 2013, the then bench, comprising Justice Uma Nath Singh and Justice Mahendra Dayal, hearing the similar PIL had observed that the unrestricted freedom to hold caste-based rallies is beyond the comprehension of the modern generation and contrary to public interest.
“It will rather be an act of negating the rule of law and denying the fundamental rights to citizens,” stated the order passed by the double-judge bench in 2013.
The bench then said, “In their attempt to seek a political base in the caste system by means of politicization, it appears that the political parties have seriously disturbed the social fabrics and cohesiveness. It has rather resulted in causing social fissions.”
The petitioner had submitted that the caste minorities in the country have been reduced to the category of second-class citizens in their own country because of such anti-democratic activities of political parties which are designed to woo the majority groups for votes.
“Despite the clear constitutional provisions and the fundamental rights enshrined therein, they are feeling disillusioned, dismayed and betrayed because of being placed in a disadvantageous position in the number game of vote politics,” the petitioner had added.
Thus, the High Court bench put an interim ban on organizing caste-based rallies in Uttar Pradesh.
However, even after nine years, none of the parties nor even the chief election commissioner responded to the High Court notice. When the matter came up recently, the bench expresses concern and issued notices seeking a response from the political parties and the CEC.
The order is significant amid the rising demand by various regional parties to hold caste bases censuses in states like Uttar Pradesh, Bihar and other north Indian states.