PUBLIC INTEREST LITIGATION

IN THE SUPREME COURT OF INDIA

[ORIGINAL JURISDICTION]

PUBLIC INTEREST LITIGATION NO. _____ OF 2024

IN THE MATTER OF:

[Petitioner's Name],

Resident of [Address],  

[City, State, Pincode],  

India.  

...Petitioner

VERSUS

1. Union of India,

   Through the Secretary,  

   Ministry of Home Affairs,  

   North Block, New Delhi - 110001.  

2. State of [State Name],  

   Through the Chief Secretary,  

   [State Secretariat Address],  

   [City, State, Pincode],  

   India.  

...Respondents

PETITION UNDER ARTICLE 32 OF THE CONSTITUTION OF INDIA SEEKING DIRECTIONS TO DISCOURAGE THE TENDENCY OF GIVING CASTE NAMES AS CHILD NAMES

TO, 

THE HON'BLE CHIEF JUSTICE OF INDIA AND HIS COMPANION JUSTICES OF THE HON'BLE SUPREME COURT OF INDIA

The Humble Petition of the Petitioner above-named

MOST RESPECTFULLY SHOWETH:

1. FACTS OF THE CASE:

   1.1. The petitioner is a law-abiding citizen of India, filing this Public Interest Litigation in the interest of social harmony and national integration.

   1.2. The practice of using caste names as part of a child's name perpetuates caste-based discrimination and social stratification, which is detrimental to the unity and integrity of the nation.

   1.3. Despite constitutional provisions and laws aimed at abolishing caste-based discrimination, the usage of caste names in personal identities continues to reinforce casteism.

   1.4. Renowned Indian thinker Swami Vivekananda once remarked, "The caste system made Kerala a lunatic asylum," highlighting the profound negative impact of caste divisions on society.

   1.5. Narayana Guru, a revered social reformer, famously stated, "We have no caste. Caste is a myth. Don't ask caste, don't tell caste," emphasizing the illusory nature of caste distinctions and advocating for a caste-free society.

   1.6. There are already strong legal provisions in place, such as the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, which makes it a criminal offense to insult or discriminate against individuals based on their caste. However, the continued use of caste names as child names perpetuates the very discrimination these laws seek to eliminate.

   1.7. It is pertinent to note that there is no mention of the caste system in the Vedanta, the philosophical basis of Hinduism, which promotes the oneness of all beings and the idea that the ultimate reality (Brahman) transcends all social distinctions, including caste.

2. GROUNDS FOR THE PETITION:

   2.1. Violation of Fundamental Rights: The use of caste names violates the fundamental rights guaranteed under Articles 14 (Right to Equality), 15 (Prohibition of discrimination), and 21 (Right to Life and Personal Liberty) of the Constitution of India.

   2.2. Perpetuation of Casteism: This practice perpetuates caste-based distinctions, leading to social discrimination and conflicts.

   2.3. Impact on Social Harmony: The use of caste names fosters divisiveness, hindering social harmony and national integration.

   2.4. Historical Opposition: Influential figures like Swami Vivekananda and Narayana Guru have long opposed the caste system, recognizing its damaging effects on Indian society.

   2.5. Philosophical Basis: The Vedanta, a key philosophical text of Hinduism, does not mention the caste system, underscoring that caste-based distinctions are not intrinsic to Hindu philosophy but are social constructs.

   2.6. Existing Legal Framework: While there are existing laws to protect lower caste individuals from discrimination and insult, additional measures are necessary to address the root cause by discouraging the use of caste names in personal identities.

3. LEGAL PROVISIONS INVOKED:

   3.1. Article 14 of the Constitution of India, which guarantees equality before the law and equal protection of laws within the territory of India.

   3.2. Article 15 of the Constitution of India, which prohibits discrimination on grounds of religion, race, caste, sex, or place of birth.

   3.3. Article 21 of the Constitution of India, which ensures the protection of life and personal liberty.

4. PRAYERS:

   In light of the above, the petitioner prays that this Hon'ble Court may be pleased to:

   4.1. Issue appropriate writ, order, or direction, directing the Respondents to initiate a public awareness campaign against the practice of using caste names as part of child names.

   4.2. Direct the Respondents to consider the formulation and implementation of policies or guidelines that discourage the use of caste names in personal identities, while ensuring it does not infringe upon individual rights.

   4.3. Direct the Respondents to implement measures to disqualify individuals with caste names from admission to schools, government jobs, and positions such as Member of Legislative Assembly (MLA), Member of Parliament (MP), and ministerial posts, in order to further discourage the practice of using caste names and promote equality.

   4.4. Direct the Respondents to report on the steps taken to promote social equality and discourage caste-based discrimination.

   4.5. Pass such other and further orders as may be deemed fit and proper in the facts and circumstances of this case.

AND FOR THIS ACT OF KINDNESS, THE PETITIONER AS IN DUTY BOUND SHALL EVER PRAY.

Filed by: 

[Your Name]  

[Your Address]  

[City, State, Pincode]  

[Contact Number]  

[Email Address]

Date:

Place: